LIABILITY FOR HACKER ATTACK IN THE LGPD

Abstract

The Brazilian’s LGPD is recent legislation, which aims to protect data subjects and guarantee their privacy. To this end, the law establishes principles and rules to be followed by companies in order to maintain information security. However, the possibility of harm to legal interests, that is, to the privacy of data subjects, cannot be forgotten. With this, the law introduced the institute of civil liability, without specifying its application in objective or subjective format, as well as bringing liability exclusions that allow the treatment agent to exempt himself from the obligation to reimburse. In cases of hacker attacks, it is necessary to observe the security that was expected in the systems of the processing agent, and the privacy by design rules to guarantee the data subject respect for their rights.