Responsabilidade civil na lei geral de proteção de dados brasileira

Abstract

The present article intends to discuss the following question: in the Brazilian GDPR, what is the tort liability modality applicable to public and private entities within the scope of data processing: objective or subjective? For the purpose of satisfaction, it is intended, initially, to insert the reader into a brief temporal and social discussion about privacy and data processing. Subsequently, the material and procedural aspects about the scope of application of Brazilian GDPR are discussed. Next, the concept of data in legal and doctrinal aspects, national and comparative, is delineated in order to delimit the object of study of the present article. In the end, although the law explicitly addresses the responsibility of acts performed by individuals, it is silent regarding the responsibility of public entities, whether objective or subjective. In order to satisfy this dichotomy, the hermeneutic feature of article 37, §6 of the Federal Constitution of 1988, is applied, designating as objective the tort liability of these entities. The methodological resources used for the elaboration of the article are in the deductive character, and integrated monographic research.