Responsabilidade civil dos agentes de proteção de dados no Brasil (LGPD)

Abstract

This work, considering that data protection is fundamental for the realization of personality rights, has as main objective to analyze the legal nature and limits of civil liability of data protection agents in Brazil, determined from the General Law of Protection of Data (Law nº 13.709/2018), which establishes the concepts and delimits the performance of data processing agents so that it is possible to face the problems caused by the exploitation of new technologies. The research methods were applied in a comparative way, as opinions and differences of doctrinal opinions will be considered throughout the work, serving as a basis for a consistent foundation and argumentation; explanatory, given the exposure of situations that contribute to the resolution of the research and historical problem, since the historical evolution will be demonstrated. In order to meet the objective of the present work, the current legislation was explored, in order to complement what is established in the LGPD, in addition to making use of the doctrine that deals with civil liability and the LGPD, to build a better understanding and interpretation of the subject. It was found that the LGPD fulfills its role as a link between the different diplomas for data protection.