The National Consumer Secretariat of the Ministry of Justice and Public Security (Senacon/MJSP) maintained the fine of R$ 2.4 million to Banco Safra after denying the financial institution’s appeal. The punishment is the result of a complaint by consumer protection entities for aggressive harassment of INSS retirees and pensioners, chosen from lists of resold personal data, involving a banking correspondent linked to the institution.
In Senacon’s view, the bank did not exercise the duty of surveillance and inspection of the activities carried out by banking correspondents, thus infringing not only the General Data Protection Law (LGPD), but also the Civil Rights Framework for the Internet (Law 12.965/14) and the Consumer Defense Code.
“It was found that the account holders were not informed about the type of treatment they received the data and about sharing it with third-party companies”, highlighted the National Consumer Secretary, Rodrigo Roca, in the decision.
In the appeal, the bank claimed that there was no proof that the calls were made by Safra’s banking correspondents, and that the complaints were registered only as queries to Procon, the Consumer Protection and Defense Program.
In turn, Senacon observed in the file that no evidence was presented by Safra that due care had been taken. “There was no doubt that the company did not maintain any system capable of monitoring and directing the activities carried out by banking correspondents prior to 2019.”, says the company. decision by denying the appeal.
Safra will have 30 days to deposit the amount of R$ 2.4 million in the Fund for the Defense of Diffuse Rights (FDD), managed by Senacon and linked to the Ministry of Justice and Public Security. The accounting fund was created to manage resources arising from fines and judicial convictions and damages to the consumer, the environment, goods and rights of artistic, aesthetic, historical, tourist, scenic value, for violations of the economic order and others. diffuse and collective interests.
Banco Safra joins other banking institutions for harassing the elderly
Banco Safra is not an isolated case of aggressive harassment of INSS retirees and pensioners, the millionaire fines imposed by Senacon also include a number of banking institutions, such as Banco Pan (R$ 8.8 million), Banco Cetelem (R$ $4 million), Banco Itaú Consignado (R$9.6 million) and Banco BMG (R$5.1 million).
According to the Ministry of Justice, such institutions used services that “evidence the illegal capture and processing of data for the purpose of actively approaching clients”.