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Preliminary injunction is reversed and Serasa Experian must suspend the commercialization of its clients’ personal data.

In a public action filed by the Public Prosecution Office of Brazil’s Federal District, a preliminary injunction was issued ordering the suspension of sale of consumers’ personal data by by Serasa Experian. Part of the Plaintiff’s arguments highlighted the impact of Serasa’s practice on the use of personal information for mass shooting of texts during the 2020 elections, which would be repressed by the Superior Electoral Court.

According to the Public Prosecutor Frederico Meimberg, the defendant would be selling personal information of more than 150 million Brazilians, without the consent of the data holders or any connection to credit protection. Previously, the 5th Civil Court of Brasilia had dismissed a request from the Public Prosecutor for urgent relief regarding the same content, on the grounds that consent would not be indispensable in this case, as such data was usually shared in business relationships.

Serasa Experian claimed that it would issue its statement in the court records due course, but that it acted lawfully. If the judge’s decision is not complied with by the defendant, it will be subject to a fine of R$ 5,000 for each sale of personal information.

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