TRANSPARENCY AND CONSENT IN DATA COLLECTION AT PHARMACIES: CHALLENGES OF THE LGPD

Abstract

This study examines transparency and consent regarding the collection of personal data by pharmacies in Brazil, focusing on the requirement for the CPF (Individual Taxpayer Registry number) and—in certain programs—biometric data as a practical condition for obtaining discounts and commercial benefits. The research analyzes the CDC - Consumer Protection Code, the LGPD - General Personal Data Protection Law, and the recent actions taken by the ANPD - National Data Protection Authority in enforcement proceedings involving pharmacy chains and loyalty program operators. It is argued that the issue extends beyond the mere formal regularity of customer registration and reaches structural matters: potentially flawed consent, the processing of sensitive data for behavioral profiling, information asymmetry, insufficient transparency regarding data retention and sharing, and practical difficulties in exercising rights of access, objection, and deletion. In addition to the legal analysis, the project proposes awareness-raising initiatives aimed at consumers in Porto Alegre, RS, including the creation of educational material regarding the risks of indiscriminately providing personal data to pharmacies.