A responsabilidade civil à luz da Lei Geral de Proteção de Dados

Abstract

This monograph deals with the civil responsibility regime included in the General Data Protection Law and all its peculiarities, aiming to demonstrate the existing risk in processing activities and the need to prevent damage, without neglecting the stimulus to economic development, ensuring full compliance with the constitutional dictates of human dignity, social solidarity and distributive justice, through the multifunctions that responsibility can incorporate. Thus, it will be demonstrated that it is necessary to adopt a hybrid model of civil responsibility, distinguished by the combination of objective and subjective theories, from the objective duty to repair the damage, summed to the observance of standards of conduct in the stage of quantification of indemnity, in order to ensure that there is due incentive to implement compliance and protection programs for data subjects, considered both individually and collectively. Lastly, the possibility of responsibilization for mere data breach and risk of damage will be discussed, whose position is that the indemnity for damage in re ipsa is not appropriate, but, on the other hand, defending the consecration of emergency reliefs as allied instruments of responsibility preventive.