O regime jurídico da responsabilidade civil dos agentes de tratamento de dados na lei geral de proteção de dados – LGPD (Lei n. 13.709/2018)

Abstract

The purpose of the research is to analyze the legal regime of civil liability of agents processing personal data, provided for in articles 42 and 44 of the General Data Protection Act – GDPA. This is because, in the legal text, there is no express mention of the mode of accountability of the violator of its normative provisions. An analysis of the aforementioned specific regulatory instrument (Law no. 13.709/2018) and the norms related to it was carried out, as well as an investigation of the doctrine that deals with civil liability and the GDPA. The article dealt with the concepts necessary for understanding the personal data protection microsystem in the Brazilian legal system, such as the concepts of "data", "information", "data processing", "data holder" and "data agents". The type of civil liability attributable to data processing agents in the context of the realization of the fundamental right to data protection was discussed, whether objective, arising from the risk of the committed activity, or subjective, centered on the element of guilt, or, even, constituted from a differentiated regime, based, for example, on prevention. Through the deductive method, it was concluded that there is no uniformity in the doctrinal scope regarding the civil liability regime attributable to data processing agents. In addition, it was found that the issue has not yet been considered by the Superior Court of Justice and the Federal Supreme Court, which causes legal uncertainty for the recipients of the legislation.