ANPD opens administrative proceedings against Claro for irregular sharing of customer data with Serasa

Carla Monteiro/g1
The National Data Protection Agency (ANPD) notified Claro and Serasa after identifying signs of problems in sharing the personal information of the operator's customers.
Because of this, Claro will be subjected to an administrative sanctioning process, while Serasa will undergo an inspection procedure.
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The measure against Claro originated from an inspection that analyzed a partnership signed between the two companies. There were signs of non-compliance with the General Personal Data Protection Law (LGPD).
Under the agreement, the operator provided its customers' data to Serasa for the development of credit analysis methods and for assessments of market conditions.
Among the violations pointed out by the ANPD against Claro are the sharing of consumer data in a manner considered irregular, the lack of clarity in the information provided to customers and difficulties in accessing the company's data protection officer.
If the irregularities are confirmed, the operator may be penalized based on the General Data Protection Law (LGPD). Sanctions may include a fine of up to R$ 50 million per infraction and a fine of up to 2% of the company's revenue.
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The ANPD also issued guidelines to Claro that must be observed in existing data sharing contracts and in those that may be signed. Serasa.
"There is a limit to this sharing, which must not be excessive and must respect the principle of necessity and relevance. Furthermore, data sharing must be transparent; customers must be informed. We identified these and several other problems in the partnership, we asked the companies for various information and they terminated the contract," said Guimarães. LGPD.
It will also check whether the company's privacy policy clarifies which entities share information with the company and with which third parties this data is shared.
If irregularities are identified, Serasa's case may advance to a sanctions stage.
According to the most recent ANPD monitoring cycle, in the period between the second half of 2023 and the first half of 2025, Serasa leads the number of complaints received by the agency.
Serasa it also ranks second in number of complaints at the ANPD
Regarding defense deadlines, Claro and Serasa have 10 working days, counting from receipt of the notification, to present their manifestations. Failure to send a response within the deadline may be interpreted as obstruction.

Source: G1