LGPD: Justice already has 600 decisions involving the law

Approved in August 2020, the General Data Protection Law, better known as the LGPD, is responsible for around 600 court rulings, where companies are questioned about the use of citizens’ personal data. The shares were registered from September 18, 2020 to June 25 this year.

About half of these 598 court decisions directly address the protection of personal data and privacy. Published by Folha de S. Paulo, these data were revealed in a survey carried out by the company Juit.

One of the concerns cited in the requests is the exposure of personal information such as address, fines and lawsuits in official journals or court documents that are visible on search platforms such as Google, Yahoo and Bing. As the LGPD does not address the “right to be forgotten”, there is still no regulation on private services indexing this information.

In the same research, it was identified that 74% of the sentences are of the first degree and are restricted to São Paulo. In addition, some trends were observed, such as the preference for the legal basis of the concept of consent, where the express authorization of the citizen is necessary for their data to be used.

One of the conclusions reached is that a leak will not necessarily generate compensation for moral damage, as it would be necessary to prove the relationship between an unprotected cell phone on the internet and telemarketing harassment, for example.

There have also been cases of former employees who would like their names to be protected from appearing in labor lawsuits or requesting that all their data be deleted after dismissal. According to Fabrício Mota, partner at Serur Advogados who spoke with Folha de São Paulo, this would hardly happen, as it is necessary to keep working hours records so that the company can protect itself in court.

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The LGPD sanctions start to apply on August 1, 2021 and the National Data Protection Authority, or ANPD, will be the body responsible for applying the fines. Penalties can be up to 2% of the company’s revenue and have a ceiling of R$50 million per infraction.

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