The week started with interesting news released by the Central Bank: a data breach involving 150 users who were registered on the Shopee online shopping platform.
Text: Stay calm!
According to the financial institution, the information breach did not involve sensitive or financial data, but only included basic details like user name, social security number, relationship with the institution, branch, account number, and account type.
How can I determine if my information has been compromised?
As per the Central Bank’s announcement, individuals whose personal information was compromised will receive notifications only through the mobile application or online banking platform of their financial institution. No other communication channels, such as messaging apps, phone calls, text messages, or emails, will be used by the Central Bank or the involved institutions to reach out to the impacted users.
The BC announced that the required steps for a thorough evaluation of the situation have been taken and that the appropriate penalties outlined in the existing regulations will be enforced.
What is the significance of data leakage under the LGPD?
A data breach occurs when personal information and confidential data are disclosed to the public or third parties without permission.
Is it possible for that to be harmful? It relies on the type of data that was revealed.
The disclosure of cadastral records poses minimal risks when leaked. In this particular instance, the Central Bank argues that transparency is necessary, justifying the release of the information.
Information regarding compensation for data breaches.
The STJ believes that a data leak, while an undesirable mishap in handling personal information, does not automatically result in clear-cut emotional harm.
Hence, if a compensation claim is made, it is crucial for the individual to demonstrate the actual harm resulting from the disclosure of such information.
Hence, not every leak is capable of causing provable harm. An illustration of such harm is documented fraud, wherein perpetrators utilize data to create counterfeit signatures or registrations in someone else’s name.
Do you wish to learn more about the General Data Protection Act? Check out our article on Exceptions to Data Use Consent.
Inquiry: What constitutes sensitive information?
LGPD categorizes certain data as “sensitive” due to its heightened significance, necessitating additional precautionary measures.
- Racial or ethnic background: details regarding your heritage.
- Religious belief: their faith and principles.
- Political opinion refers to the political and ideological stances held by individuals.
- Membership in unions or organizations: involvement in associations like unions, political parties, or religious groups.
- Health data or sexual history: details regarding your health status, medical background, and sexual experiences.
- Genetic or biometric data refers to details about your DNA, fingerprints, or facial features.
This kind of information must be handled with utmost confidentiality, particularly in order to prevent any financial gain from it.
Furthermore, the LGPD aimed to prevent the sharing of data that could lead to health companies exploiting patients economically. Refer to the language in paragraph 4 of Article 11 for more details.
Given this, it is clear that the extent of the damage must be adequately demonstrated in order for the court to award any compensation for leaks.
Was this information useful?
Also, be sure to explore our additional content that can be highly beneficial for legal professionals in 2024.
- Text: Interested in learning how Legis can assist in your workplace? Click here to discover the Legisbot, which can handle protocol tasks and procedural inquiries through Whatsapp.
- Text: Furthermore, explore the services provided by Legis and the new developments introduced last year by clicking here!
To explore additional subjects and grasp the influence of technology on the legal field, check out the other blog posts.
Make sure to stay up to date on the 2024 Events and visit our website if you’re interested in automation.