ANÁLISE DOS DESAFIOS NO ARBITRAMENTO DO VALOR DEVIDO EM CONDENAÇÕES NAS AÇÕES COLETIVAS RELATIVAS AO VAZAMENTO DE DADOS PESSOAIS

Abstract

Considering the incipient legal protection of personal data protection, this conclusion paper analyzed the challenges of arbitrating the amount owed in convictions in collective actions involving data leak of personal data. For a better understanding of this problem, it was analyzed the legislative evolution of the legal protection of personal data and, as a consequence, the creation of a microsystem aimed at the protection of personal data as well as the legal construction of an autonomous fundamental right and under the perspective of a personality’s right . Subsequently, the insertion of the General Data Protection Law in to the collective microsystem was understood and its repercussions with the application of collective institutes, as a competence of the Federal Justice, the adequate representation of the Public Ministry and Public Defender's Office in cases of data leak, necessary application of prohibition of the complaint to the dispute, the inversion of the burden of proof provided for in the collective microsystem and in the data protection legislation, the transport of the thing deemed beneficial to individual demands. The challenges of arbitrating damages were analyzed as the problem of identifying the civil liability regime, and the present work adopted subjective liability. Another challenge that was analyzed consists of the causal link, concluding by the ease of its difficulty with the duty of registration by the treatment agents and by the inversion of the burden of proof. Finally, the difficulties of arbitrating collective and individual moral damages were understood, considering the leakage of personal data and its immeasurable side effects due to the multiple uses of personal data, concluding that the leak causes moral damage in re ipsa.