Civil liability for personal data breach

Abstract

The technological advances impose new situations that demand Law’s attention. The internet allows the crossing of borders, but not all changes are accompanied entirely by positive aspects. For a long time, especially in Brazil, there were no rules that suited, particularly, the issues related to the processing of personal data of virtual networks’ users. With the emergence of the Brazilian Civil Framework for the Internet and later on the General Data Protection Act, Brazilian Law began to follow the technological evolution in society. This article aims to analyse, especially according to the General Data Protection Act, how data storage can harm rights that are intrinsic to the personality, especially privacy, and, as a result, the outcomes and new perspectives for tort law to repair the damages inflicted in this domain.