LGPD in Action: Construction Company Penalized for Data Breach

[shuklarani621]

The entry into force of the General Data Protection Law (LGPD) in Brazil has brought with it a significant change in the business landscape, highlighting the importance of protecting personal data. For CEOs, understanding and adopting the principles of the LGPD is not only a legal obligation, but also an essential strategy to build consumer trust, mitigate risks and drive innovation.

In a recent trial at the 1st Small Claims Court of Brasília, Federal District, a notable case involving the General Data Protection Law (LGPD) came to light, highlighting the importance of privacy and consent in the use of personal data. We will unravel this case in today's post to help you understand how the LGPD works in practice and how you can protect yourself.

All about the trial
In the trial, a construction company was ordered to pay R$1,000 in compensation for moral damages to a client. The central reason was the unauthorized use of personal data in a lawsuit against a condominium built by the company itself.

The construction company, when trying to question the france number dataset of an expert in the legal proceedings, used the client's personal data without his consent. Even though the attempt to question the suspicion did not progress, the undue exposure of the data in a public context was the core of the violation.

Consumer protection authorities pointed out that the disclosure of data, carried out to benefit the construction company, constituted a clear violation of the LGPD, specifically of article 6, item II, which deals with the processing of personal data without the consent of the data subject. It is important to ensure that data is used ethically, even in legal contexts, respecting the rights of the data subject.

The judge in charge, Marilza Neves Gebrim, from the 1st JEC of Brasília/DF, highlighted that the construction company's action represented an inappropriate treatment of customer data, aiming exclusively at the company's benefit. The decision highlights the importance of informed and reasoned consent, as established in article 7, item I, of the LGPD, especially when using data outside the original context of collection.

What is the LGPD and how does it apply?
The General Data Protection Law (LGPD) is extremely relevant in Brazil, as it establishes rules and guidelines for the processing of personal data, aiming to protect the privacy and autonomy of citizens in relation to their information. The LGPD was inspired by the European Union's General Data Protection Regulation ( GDPR ) and reflects the growing global concern with data privacy and security.

The LGPD applies to all organizations that process personal data, whether public or private. It establishes principles such as the need for consent from the data subject, transparency in processing, guarantee of access and accuracy of information, in addition to imposing mandatory security measures to protect data.

In addition to protecting citizens' individual rights, the LGPD seeks to promote trust in the digital environment by encouraging responsible practices on the part of companies. The legislation also provides for the creation of the National Data Protection Authority (ANPD), which is responsible for monitoring compliance with the law and applying sanctions in the event of non-compliance.

[yadaysrdone]

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