Responsabilização Civil in re ipsa na Lei Geral de Proteção de dados

Abstract

The present works aims to delimit the pertinence and scope of the application of compensation moral damages in re ipsa to data owners, who repeatedly have their fundamental right of privacy violated through the excessive and ilegal gathering, storage and sharing of personal data, which results in increasingly frequent data leakage, with greater consequences for different individuals.The ai mis to analyze the objective liability of data processing agentes, aiming to understand whether it is possible for moral damages to occur in re ipsa when confidential data is breached due to non compliance with the securities of the processing agentes, on if these damages must be verified by the data owners who suffer the damage to privacy . Starting from a doctrinal and case law analysis on the subject, the work seeks to delimit the level of proctetion that data owners need in order to not have their data leaked, with the analysis of the adequacy of the application of moral damages in re ipsa to processing agentes that act illegally, not adopting security measures in order to prevent the occurrence of damage to data owners. Therefore, it is understood that the expectation of pain and suffering in itself, by data owners, does not necessarily allow the processing agentes to be held liable for damages arisen from security incidents.