Social network is condemned for leaking user data in 2021; decision is subject to appeal
The Justice of Maranhão condemned on Thursday (23.mar.2023) Facebook to pay compensation of BRL 500 to 8 million users in Brazil. The ruling concerns a data leak.
In 2021, the social network reported that the information of 533 million users from 106 countries, with 8 million Brazilians, leaked. At the time, the stolen data was offered for sale by a hacker, who asked for up to R$ 1,720.
The episode led to the opening of a collective action by the Ibedec-MA (Brazilian Institute for the Defense of State Consumer Relations). The entity pointed out violation of privacy, integrity, honor and image.
In addition to the individual indemnities, Judge Douglas de Melo Martins, from the Diffuse and Collective Interests Court of the region of São Luís Island, ordered the social network to disburse another R$ 72 million as collective moral damages, an amount to be reverted to the State Fund for Diffuse Interests.
In the decision, the judge cited the GDPR (General Law for the Protection of Personal Data – No. 13.709/2018), which establishes respect for privacy and informative self-determination and stipulates that the processing of personal data should only occur with the consent of the holder.
also mentioned the Internet Civil Framework (No. 12,695/2014), which establishes principles, guarantees, rights and duties for internet use in Brazil and consumer protection. The text includes the protection of privacy and personal data.
“It is opportune to point out that treatment agents must adopt security, technical and administrative measures, able to protect personal data from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication or any form of inappropriate or unlawful treatment”, wrote the judge in the sentence.
The decision is subject to appeal.
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