Incidentes de segurança envolvendo dados pessoais: tutela preventiva, tutela específica e tutela ressarcitória

Abstract

Considering the scenario of the General Law of Personal Data Protection (Law No. 13,709/2018, abbreviated as "LGPD") and the occurrence of several security incidents involving personal data, this study, from an exploratory approach, seeks to demonstrate how different forms of guardianship can be applied before the occurrence of such events, to promote more effective responses. Based on the understanding that the LGPD adopts a risk-based approach, this paper seeks to demonstrate that preventive measures assume a particularly important role in the legal system. However, despite the adoption of preventive measures, security incidents may occur and, in these cases, we tried to point out that specific remedies may be used. Finally, about the compensation of damages in matters of privacy and data protection, this article investigates the challenges of identifying the causal nexus and of the demonstration and quantification of damage, concluding that alternative means of non-pecuniary compensation must be evaluated in concrete situations.