Consumers are filing lawsuits against pharmacy chains that require CPF (Brazilian tax ID number) or biometric data as a prerequisite for granting discounts. This practice, which has become common in the sector, is being legally challenged for involving the collection and possible commercialization of sensitive personal data without customers’ explicit consent.
The lawsuits are based on two important administrative procedures: an 8 million reais fine imposed by the Minas Gerais Public Prosecutor’s Office in November 2024, and the opening of an administrative procedure by the Brazilian National Data Protection Authority (ANPD) to investigate possible violations of the Brazilian General Data Protection Law (LGPD).
There are indications that pharmacy chains sell behavioral profiling of customers for targeted advertising purposes. The lawsuits seek moral damages of 50,000 reais, in addition to requiring pharmacies to provide alternatives to biometrics, furnish information about the processing and storage of personal data, and present a detailed report on which data were commercialized with third parties.
Although there are not yet specific precedents for damages awards in these cases, the issue has been partially addressed in São Paulo courts, with decisions both favorable and unfavorable to consumers.