Judge dismisses lawsuit based on LGPD because site is under maintenance | Legislation

The first lawsuit based on LGPD (General Law on Protection of Personal Data) ended before it even started. The MPDFT (Public Ministry of the Federal District and Territories) accused Infortexto of selling information to millions of Brazilians, and demanded that the company stop doing so. The judge closed the case by noting that the online store has suspended activities because the site is undergoing maintenance.

Digital Reminder

Infortexto operates the Lembrete Digital store, which sold email lists, addresses and telephone numbers for segmented direct mail and email marketing. Personal data was divided by neighborhood, city, state and zip code; they were sold in packages that cost between R $ 42 and R $ 212.90.

The MPDFT filed an urgent injunction request to determine that Infortexto “refrain from making available, free of charge or in any way, any personal data of Brazilians”. In addition, the agency demanded that NIC.br (Ponto BR Information and Coordination Center) freeze the store’s domain until the court ruled.

Judge Decides Against LGPD-Based Action

Judge Wagner Pessoa Vieira extinguished the case without ruling on the merits, saying that “the present lawsuit does not deserve to prosper”. He notes that the Lembrete Digital website is undergoing maintenance and has stopped selling personal data, so “the presence of procedural interest is not seen”.

For the judge, the store is probably down because those responsible “must be seeking to adapt their services to the legal rules for the protection of personal data”. The LGPD became effective last Friday (18).

Digital Reminder

“Due to the maintenance carried out on the website entitled Lembrete Digital, with the domain lojainfortexto[.]com.br, there was no evidence of any injury or threat of injury capable of justifying the claim for injunctive relief… with which the present action becomes useless ”, writes Vieira in the decision.

The lawsuit filed by MPDFT served as the basis for a public civil action for redress for collective damages. In it, the agency demanded that Infortexto eliminate all personal data treated in an irregular manner, and that NIC.br permanently cancel the domain registration of the store.

How does the Mobile Time, the Public Prosecutor’s Office may reopen the investigation if the site goes live or changes its name; the body may also appeal the decision.

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