This research will analyze the scopes ofthe acceptance and the recognition of the administrative liability of the supplier in the framework of an administrative proceeding against the infringement of the duty of suitability, from the insertion of new legal bodies that redirected the practice of the system of consumer protection and defense in Peru. Consequently, our purpose will be developed under a normative, hermeneutic and jurisprudential approach, from the evaluation of the various pronouncements of the Specialized Chamber on Consumer Protection of Indecopi in the period from 2012 to 2021.

Over the past few years, some Indecopi decision-making bodies specialized in consumer protection have requested information from various financial entities about the passive operations of complaining consumers, within the framework of a sanctioning administrative procedure. This requirement is legally invalid, as it violates the pro hominem constitutional principle, the material truth principle and the consent principle in matters of personal data. However, if the financial entity provides said information in the context indicated above, it could not be penalized, since one of the exemptions from liability provided in the General Administrative Procedure Law would be configured.