PERSONAL DATA LEAKAGE

Leak of personal data from Tim customers

It can be said that today, this risk is in the hands of all those who provide services through an online platform, in Brazil and around the world, and whose main or accessory activity is the collection or processing of data from their users.

In the case of the leak that occurred on the Celular Direto website, the data contained records of several citizens regarding their full name, email address, cell phone, home phone, zip code, city, neighborhood, street name and residence number, data that, in light of the General Data Protection Law - LGPD, are considered personal data, as provided in article 5:

Art. 5 For the purposes of this Law, the following are considered: I - personal data: information related to an identified or identifiable natural person;

Therefore, analyzing this situation, if the LGPD was already in force, we list some of the actions that the company should adopt: 1. the figure of the "controller", who is responsible for decisions regarding the processing of personal data, must communicate to the authority nationally and to the holder the occurrence of a security incident that could cause significant risk or damage to the holders; 2. Immediate adoption of measures to stop the leak, as well as to reverse or mitigate the effects of the damage; 3. Adoption of measures aimed at minimizing, as well as reversing or mitigating the effects of the incident.

It is also important to clarify that the company that adopts preventive measures to minimize the risk of data exposure may have this aspect taken into consideration by the ANPD as a mitigating factor in measuring the value of the fine if a situation of this nature occurs.

Therefore, in light of this news, it is worth remembering that being prepared from the design phase of the product or service in relation to #lgpd is essential to protect data subjects, as well as to avoid or reduce possible liability of those who have a processing operation or data collect!

Stay tuned for the new rules!