O VAZAMENTO DE DADOS PESSOAIS SENSÍVEIS E A NECESSIDADE DE COMPROVAÇÃO DO DANO PARA FINS DE RESPONSABILIDADE CIVIL

Abstract

The protection of privacy and the security of personal data, especially sensitive data, is essential for guaranteeing constitutionally assured rights. Considering the increasing dissemination of information in the digital environment, the creation of protection mechanisms becomes indispensable to safeguard users against the misuse of their data. In the event of a personal data breach, the responsible party has the duty to answer for the damages caused. Thus, this research aims to understand the type of civil liability to be adopted in cases of personal data leaks, given the ambiguities left in the General Data Protection Law, as well as to analyze the possibility of applying in re ipsa damage to sensitive data. To this end, it intends to understand personal data in the context of personality rights, examine the differences between non-sensitive personal data and sensitive personal data as established in the General Data Protection Law, draw a parallel with the positions adopted by the European Union, analyze objective and subjective liability in the legal system to determine which one applies to data processing, and assess the feasibility of considering in re ipsa damage in cases of sensitive personal data leaks, that is, damage presumed to exist merely by the occurrence of the illicit act, without the need for effective proof.