In a recent decision, the Consumer Protection and Defense Department (DPDC/SENACON) determined the application of an administrative penalty of R$8.8 million against Banco Pan for violation of the Consumer Defense Code (CDC) in the practices of offering and contracting payroll loans to elderly clients, also in violation of personal data protection. The decision took into account the DPCD's finding that such consumers were not informed about the opening of the database and registrations, and was based on the understanding that, because there was no surveillance and oversight of the activities performed by correspondent banks, an abusive practice would be consolidated against this group of customers, thus understood as an exploitation of the hypervulnerability of elderly retirees and pensioners from the INSS.
By way of clarification, Banco PAN said it will appeal against this decision.
It is worth noting that SENACON's role in matters related to the protection of consumers' personal data has already been strongly debated, and is the object of a recent Technical Cooperation Agreement with the National Authority for Data Protection (ANPD).
