Telephone operators will be required to break the registration confidentiality of callers if the recipient makes such a request. The requirement is part of a court order to Anatel (National Telecommunications Agency), which is now rushing to meet it.
As a result of the decision, Anatel will change the General Regulation on Consumer Rights in Telecommunications Services (RGC). Article 3 of the document will have another item that deals with the breach of registration confidentiality.
The excerpt authorizes “access, regardless of court order, when you are the owner of a telephone line to which calls are made, to the registration data of the telephone line owners who originated the respective calls”.
In his request, the owner of the line that received the call from an unknown number must indicate at least the date and time of the call. The operator, in turn, must provide the full name and CPF (or CNPJ) of the caller.
The change is caused by a Public Civil Action that ran for years in the courts and was only recently concluded. She was moved by the Federal Public Ministry, which represented a person who asked Oi for information about a number that called her.
The request was accepted in 2010 by Judge Ronivon de Aragão, of the 2nd Federal Court of the Judiciary Section of Sergipe, and his decision was upheld after several appeals.
“Anyone willing to make a phone call to a third party cannot invoke the confidentiality of their registration data for that recipient, because that would be equivalent to the protection of anonymity, which is prohibited by the 1988 Federal Constitution,” said Aragão in the decision handed down in 2010.
Anatel says breach of confidentiality may violate LGPD
Moisés Moreira, the rapporteur for the change in the regulation on the Board of Directors of Anatel, classified the judicial decision as a “clear invasion of competence”. For him, the order does not pay attention to the costs of the measure, nor to the issues that involve data protection.
“Registration information will only be viable if the numbers belong to the same operator. If the number originating the call is from another provider, the latter would have to give the data to the first, which seems to me to be a breach of the confidentiality of this user’s registration data, in violation of Law 13,709, of 2018 ”, he said.
Moreira refers to the General Data Protection Law, which seeks precisely to guarantee the privacy of citizens. Anatel’s board member also criticized the short deadline for regulating the matter, but recommended compliance with the court order.
To respect the stipulated deadline, scheduled for the end of January, Anatel opened a public consultation that will deal with the change of the regulation in a very limited time. It will be available for only 10 days, not 45 days, as it usually does.