CIVIL RESPONSIBILITY FOR DIGITAL DATA LEAKAGE UNDER BRAZILIAN LAW

Abstract

Data protection is a fundamental right provided by the Constitutional Amendment nº 115, of 2022. The present work aims to analyze how civil liability can be applied in cases where there is kidnapping of personal data of virtual users in the Brazilian legal system. The General Data Protection Law (Law No. 13,709/2018) deals with the performance of agents in data processing so that it is possible to face the problems caused by the exploitation of new technologies. The current legislation was used for the exploration of the theme, in order to complement what is established in the LGPD (Brazilian General Personal Data Protection Law), in addition to making use of doctrine that deals with civil liability and the LGPD. Doctrine, legislation, scientific articles and electronic journals were used as a source of research. With the present research, it can be concluded that the LGPD is an advance for Brazilian society, however, for its effectiveness, a culture of data protection must be developed by the entire population, as everyone must understand their rights and preserve their data.