As Brazilian companies adapt to comply with the General Data Protection Law, the Free Market requires a document with a photo for user registration and access to the marketplace. What the app doesn’t say is that, when submitting the RG or CNH, the person creates another account in the company’s fintech service, Mercado Pago; practice hurts LGPD according to expert heard by UOL.
Users file complaints against RG and CNH requirement
They are separate services: Mercado Livre is the retail platform and Mercado Pago works as a customer’s digital wallet, used to receive or send payments and obtain credit lines. Although different, the user creates an account in the second just by registering in the first. Since 2020, complaints have plagued the company’s page on the specialized website Complain here.
“I did a search for gate controls, found it at Mercado Livre. To my surprise, when trying to log into my account to make the purchase, the site asked for a photo of my CHN or RG to validate my identity. I don’t see why a shopping site needs a photo of my document” says a user from Blumenau (SC).
Another client from Belo Horizonte (MG) is amazed by the requirement for a document: “Today, when trying to access my account to make a purchase, even after entering the code received by SMS, she asked me to send a photo on my CNH, the which is already ridiculous, so far I haven’t seen any website asking for it”.
Last year, Mercado Pago received authorization from the Central Bank (BC) to act as a regulated financial institution. That is, the company can act as a bank, which allows it to make loans to other companies. One of BC’s requirements is that the company must provide documents for its customers.
people heard by Uol Tilt noticed that they were also creating a bank account only when Mercado Livre asked for Pix’s keys. Many registered complaints on the complain herei mentioning that the retail platform blocked accounts based on CNHs and RGs.
In response to a user on the site, Mercado Livre states:
“When you open your Mercado Livre account, you automatically have an account at Mercado Pago. This is because whenever you make a purchase through Mercado Livre, no matter how much you use your credit card as a means of payment, the transaction is processed by Mercado Pago, it is our payment platform. Today, Mercado Pago, in addition to being a Mercado Livre payment platform, acts as a financial institution, so we increasingly need to ensure the veracity of all information and make sure that you are the one who is taking action on the account, independently of the type of transaction.”
For an expert, ML practices “addicted consent”
Opening an account on Mercado Pago is free. But even so, forcing the customer to open a bank account to access the marketplace can be seen as a violation of the LGPD. The data processed by the company is of a personal and sensitive nature according to the law because, in addition to having personally identifiable information, it infers the ethnicity of those registered.
In an interview with UOL, the researcher of digital programs at Idec (Consumer Defense Institute) Luã Cruz, says that the Free Market practices violate Article 5 of the LGPD and Article 6 of the Consumer Defense Code (CDC); what the institute calls “addictive consent”.
“This type of requirement induces the obtaining of a forced consent, imposing abusive conditions, since it is a ‘take it or leave it’ policy, with no granularity or right to choose”, says the researcher. He points out those who feel harmed by the Free Market, or other companies with similar requirements, can file complaints with the ANDP (National Data Protection Authority). Just fill out a form and submit it to the Federal Government’s electronic petitions website.
Consumers can seek Idec or Procon before taking legal action against companies that harm the LGPD and the CDC. Some transport apps, such as Uber and 99, require photos at registration, but only for users who don’t register a credit card and choose to pay in cash.
With information: Uol Tilt and Claim Here