RESPONSABILIDADE CIVIL DO ESTADO EM DECORRÊNCIA DE DANOS CAUSADOS PELO VAZAMENTO DE DADOS PESSOAIS E DADOS PESSOAIS SENSÍVEIS

Abstract

This article aims to approach the dilemma of applying State ́s civil liability related to the leakage of personal data and sensitive personal data from the processing provided for in the General Data Protection Law (LGPD), as a result of possible leaks of such data, seeking to establish a relationship between the state's civil liability and the fundamental rights to freedom and privacy. Therefore, the deductive method was used to solve the aforementioned question based on analysis of bibliographic, legislative and jurisprudential sources. For this purpose, the first part will address the theories surrounding the state's civil liability, the second part will deal with the General Data Protection Law and seeks to identify the liability regime provided for in the LGPD.