The recent action by the Brazilian National Data Protection Authority (ANPD) against a pharmacy chain highlights the Authority’s increasing oversight and the need for strict compliance with the General Data Protection Law (LGPD). It also serves as a warning to all companies that process personal data, especially sensitive data, such as pharmacies.
The sanctioning process initiated by the ANPD aims to investigate potential violations related to the processing of personal data, including behavioral profiling and targeted advertising. These improper practices may directly infringe on the fundamental rights of data subjects.
In addition to investigating possible irregularities, the ANPD has imposed preventive measures on the pharmacy chain to ensure the immediate adoption of practices that comply with the principles of the LGPD. In this context, biometric data collection was identified as a method that could be replaced by less invasive alternatives, offering consumers the option to choose how to provide their data without being required to share biometric information.
Furthermore, Febrafar (Brazilian Federation of Associative and Independent Pharmacy Networks) must comply with certain preventive measures established by the ANPD to ensure adherence to LGPD compliance guidelines. The federation is also required to guarantee that its associated pharmacies facilitate data subjects’ access to clear communication channels, allowing them to exercise their rights effectively.
The LGPD mandates that companies process personal data transparently and securely while minimizing the amount of personal information collected to mitigate inherent risks in every data processing operation. Additionally, user consent must always be free, informed, and unequivocal, with explicit agreement to the processing of their personal data for a specific purpose, ensuring informed decision-making.
In this context, pharmacies, as entities processing sensitive data, must recognize the importance of strictly adhering to the guidelines and principles set forth in the LGPD. This requires a proactive approach—not only to avoid potential sanctions but, more importantly, to maintain consumer trust and foster a transparent and respectful relationship with customers, who are increasingly aware that the protection of their personal data is a fundamental right explicitly enshrined in the Federal Constitution.
To learn more about the sanctioning process and the application of preventive measures by the ANPD on the pharmacy chain, click on:
