Data leaks are an increasingly common problem in an increasingly context. Likewise, data protection and privacy laws seek to reduce risks and guide businesses towards a safer internet. However, risks will always exist. When confidential information is hack possession of it can trigger harm to the data owners, such as scams or other potential financial risks.
On the other hand, the fact that sensitive information is in the hands of criminals. Could possibly be against them creates a sense of distrust for the data subjects. But is this enough to warrant compensation for moral damages?
Do companies have to pay compensation for moral damages?
The ministers of the 2nd panel of the telegram data Court of Justice (STJ) determined that the leak of common data, despite being an undesirable failure, does not have the capacity, solely by its occurrence, to generate compensable moral damage.
In other words, if a person is directly affected by the consequences of data leaks, the data subject will have to prove their loss. In other words, the mere existence of a security incident that affects digital users, despite being harmful and offensive to their privacy, is not enough.
What qualifies as common personal data?
To simplify, understand common data as information that does not qualify as sensitive. Common data is information related to natural content analysis: on the web and on social media that can be identified. Some examples are: full name, ID, CPF, date of birth, address, among others.
Can companies be punishe for data leaks?
Yes. The LGPD provides for administrative sanctions. In February 2023, we published the regulation for the application of administrative sanctions. In other words, the Dosimetry regulation. To contextualize: as stated in the official bgb directory on the government website, Dosimetry is seen as the guiding method for choosing the most appropriate sanction for each specific case in which there is a violation of the LGPD and which allows for the calculation, when applicable, of the amount of the fine applicable to the offender.