A Lei Geral de Proteção de Dados (LGPD) já está em vigor e traz significativas mudanças no tratamento e utilização dos dados pessoais por empresas. A partir de agora, o cliente passa a ter a titularidade dos próprios dados que as empresas coletam, ou seja, as empresas deverão informar para que aqueles dados estão sendo coletados e como serão utilizados. A lei estabelece limites e regras no jogo da venda de dados de consumidores.
O que as empresas devem fazer?
- Verificar se todos os dados coletados são realmente necessários: muitas empresas coletam dados desnecessários de seus clientes o que pode gerar um custo maior de armazenamento e segurança;
- Nomear um responsável pela guarda e segurança dos dados: esta é uma obrigação prevista na LGPD;
- Informar claramente a finalidade da coleta de dados: é responsabilidade da empresa dizer ao cliente por qual motivo e finalidade a coleta dos dados está sendo feita;
- Não repassar dados sem autorização: a venda de dados sem autorização do cliente pode gerar multa à empresa.
O consumidor por sua vez tem direito a:
- Saber a motivação da coleta de dados e recusar a coleta toda vez que desejar. Um exemplo é a solicitação de cpf para venda de medicamentos que não pode ser obrigatória;
- Retificar os dados sempre que encontrar inconsistências nas informações;
- Revogar o consentimento da utilização dos seus dados a qualquer tempo;
- Solicitar a portabilidade: de suas informações para outro controlador como, por exemplo, nas relações bancárias.
É sempre bom lembrar que as informações proporcionadas pela coleta de dados são muito importantes para o desenvolvimento de políticas públicas e melhoria dos serviços e experiências do usuário. O que a LGPD veio coibir são as práticas abusivas e discriminatórias cometidas por determinadas empresas ou organizações, como quando consumidores pagam mais por produtos ou serviços só por causa da sua localização, por exemplo. Tal prática, além de abusiva, é vedada e pode ser combatida com a LGPD.
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