COMPENSATION FOR MORAL DAMAGES IN CASE OF DATA LEAKAGE: JURISPRUDENTIAL ANALYSIS OF THE COURT OF JUSTICE OF THE STATE OF PARANÁ

Abstract

This paper analyzes court decisions handed down by the Paraná State Court of Justice in relation to personal data leaks. Although the General Data Protection Law expressly provides for the possibility of liability and compensation for damages, whether material or moral, in cases of non-compliance with the protection of personal data, it fails to state whether liability would be objective or subjective in nature, creating a diversity of interpretations. Due to the lack of parameters in the law for compensation for moral damages, the question arises as to the amounts awarded in cases of this kind. In the first part of the paper, we tried to give a historical overview of the protection of personal data in Brazil, until it was erected as a fundamental right. This was followed by a conceptualization of civil liability, together with a description of its elements and divisions. The third and final chapter analyzes the case law of the Paraná State Court of Justice, using the keywords "civil liability", "data leakage" and "moral damages", covering the years 2020 to 2023. The research method used was hypothetical-deductive, which seeks to formulate hypotheses from a gap and, from deductive inference, creates predictions of phenomena covered by the hypothesis. Bibliographical and jurisprudential research techniques will be used. Finally, the aim is to demonstrate whether personal data has been effectively protected through the decisions issued by the Judiciary.