The Chamber of Deputies will analyze an initiative that seeks to limit the use of consumers' personal data for marketing or advertising purposes without express, free, and informed consent. The proposal, promoted by deputy Ricardo Monreal, suggests changes to the Federal Consumer Protection Law and the Law for the Protection and Defense of Financial Service Users.
The text proposes that no provider or company may use, share, or transfer personal data for advertising if there is no express authorization from the consumer. That consent, according to the initiative, must be accredited through an affirmative action, either in writing or through electronic, optical, or any technology that allows verifying the authorization in an indubitable way.
Limit to the commercial use of personal data
The proposal presented by Monreal textually includes that no provider may use, share, transfer or process personal data of consumer persons for marketing or advertising purposes without their express authorization, unless there is a judicial order, resolution or founded and motivated mandate from a competent authority.
Furthermore, even in cases where there is express consent, the initiative sets a limit of one advertising communication per month per consumer. That limit would apply to telephone calls, emails, SMS messages, and other similar means.
Registry to avoid the advertising use of information
The text also foresees that consumers can register in the Register of Users who do not wish their information to be used for marketing purposes. That register would be in charge of the National Commission for the Protection and Defense of Users of Financial Services.
The proposal also modifies the current reference to users who have expressly requested not to receive advertising and replaces it with another formulation more restrictive for companies. The new criterion would be that of users who have not given their consent to receive it.
Changes for financial entities and sanctions system
In the financial sector, institutions must enable clear and accessible technological mechanisms so that users can block, cancel or revoke consent to receive advertising. Among the proposed measures are visible buttons or links in applications, web pages, emails or messages.
The initiative also updates the sanctions scheme and replaces fines expressed in minimum wage days with sanctions calculated with the Measurement and Update Unit, known as UMA.
In parallel, the National Commission for the Protection and Defense of Users of Financial Services will maintain a Bureau of Financial Entities. In that space, public information will be disseminated about products, commissions, sanctions, and claims of financial institutions.