LGPD and elections – Although the practice was prohibited in the last elections, this year it will be possible to use mass SMS messaging, but with some reservations. With data privacy being a hot topic, those who are not compliant with the LGPD (Brazilian General Data Protection Law) will face problems in this election.

General Law of Data Protection

It election This will be the first since the start of the application of sanctions under the General Data Protection Law, ushering in a new era in Brazilian politics where there will no longer be room for propaganda based on fake news and misuse of personal data with the intention of campaigning, as stated in Resolution No. 23.671, of December 14, 2021.

Article 28. Election campaigning on the internet may be carried out in the following forms (Law No. 9.504/1997, Article 57-B, I to IV):

III – by means of electronic message to addresses registered free of charge by the candidate, the political party, the federation or the coalition, provided that one of the legal hypotheses that authorize the processing of personal data is present, in accordance with articles 7 and 11 of Law No. 13.709/2018;

9. a) candidates, political parties, federations or coalitions, provided that they do not contract mass content distribution under the terms of article 34 of this Resolution (Law No. 9.504/1997, article 57-J);”.

To comply with the rules of LGPD, Candidates will need to prove that voter consent if you want to use your contact number to send the mass shootings, In addition to ensuring that voters can cancel receiving these mailings at any time if they no longer wish to be part of the broadcast list, The user has the right to have their data permanently deleted from the candidate's database, as stated in articles 7 and 11 of the LGPD (Brazilian General Data Protection Law).

Article 7. The processing of personal data may only be carried out in the following cases:

I - by means of or providing consent to the holder;

Article 11. The processing of sensitive personal data may only occur in the following circumstances:

I - when or owner or legal responsibility to consent, specifically and prominently, for specific purposes;

Article 8. The consent provided for in item I of Article 7 of this Law must be given in writing or by other means that demonstrate the expression of the holder's will.

• 5. Consent may be revoked at any time by express declaration of the data subject, through a free and facilitated procedure, with the treatments carried out under the previously expressed consent being ratified until a request for deletion is made, in accordance with item VI of article 18 of this Law.”

This initiative aims to protect data subjects from the misuse of their data for political propaganda purposes.

LGPD and elections: A tip for those planning to use mass messaging.

Experts advise those wishing to use this form of advertising to do so through a organic mailing list creationbecause if there is suspicion of digital solicitation, both the diploma and the mandate can be suspended.

It is important to emphasize that sending mass messages can result in fines for those who violate the rules for this practice, with amounts ranging from R$ 5 to R$ 30, or, if the maximum limit is exceeded, the amount can reach the equivalent of twice the amount spent on the initiative, which will go to the party fund.