A recent survey identified 598 judicial decisions handed down in Brazilian courts based on the LGPD. Of these decisions, half dealt directly with the protection of personal data | privacy and 84% are from the State of São Paulo.
The issues addressed in these decisions, which range from the discussion of the use of consent as the legal basis applicable to data treatment; the incidence or not of moral damage when security incidents occur - such as cases of leakage of personal data; claims by ex-employees for the exclusion of personal data after the end of the employment relationship, and even requests for revision in cases of decisions taken based on automated treatment.
With this, it is already possible to observe some trends, mainly regarding the exercise of the rights of the holders of personal data, provided in the LGPD. The moment, now, will be to follow how these first degree decisions will be analyzed by higher courts.
Source: Folha de S. Paulo
