Causalidade no incidente de violação da segurança do dado pessoal

Abstract

The rise in contemporary society of concern about the implications of using personal data arouses interest in better understanding social living events and their repercussions arising from the processing of data. This work selected one among the events that occur in the experience of processing personal data, precisely the personal data breach incident, to undertake an investigation through the lens of civil liability of the problem regarding the consequences that may arise and the solutions that the legal system has to offer. Taking as a starting point the perception of the current stage of doctrinal controversy regarding the regime of responsibility in the field of data protection, the work focused its investigation on the causal relationship, through which the attribution of responsibility operate by the subjective attribution factor as well as by the objective attribution factor. The study limited its objectives to the investigation of the causal relationship of the damage radiated from the personal data breach in the cut of the specific effect of the violation of security consisting of unauthorized access or disclosure of personal data by intentional act of external interference in the processing operation. The work starts with the outline of fundamental notions to guide the theme approuch, continues exploring the determination of causation in the function aimed at selecting the processing operation specifically impacted by the data breach incident and then analyzes the determination of causation in the function directed to inquire what influence the interfering fact and the processing fact have in the causal relationship. The study seeks to identify aspects related to the contemporary culture of massive use of data that challenge the task of identifying the source of the injury, offering criteria to map the processors involved in the data breach incident and to determine, in cases where it occurs surrounded by external facts, what legal effects does this interference in the processing operation raise in the attribution of responsibility for the harmful effects radiated from the personal data breach.