Objective civil responsibility and presumed moral damage due to undue data processing.

Abstract

The information society has changed the way people interact, directly influenced by the advent of the Internet. This environment is responsible for storing users' information, since it is there that people connect and spend most of their time. The advances made by the fourth industrial revolution, which is marketed by efficiency, impose new situations that demand attention from the Law, since the products and services developed use information stored in a database about users. In this context, with the General Data Protection Law, legal science begins to enter this fresh technological terrain, with the tutelage of data on the subject of law, especially the right to privacy, in order to minimize their vulnerability to economic agents. Therefore, in this scenario, there is no one who uses information related to the privacy and intimacy of others, it is essential that the civil liability institute is well defined when it comes to improper data processing. Thus, this work, using the deductive method, seeks to demonstrate that the data controllers' civil liability is objective and that the moral damage transmitted to the data subject is in the re ipsa. In this way, readers are invited to further reflect on the civil responsibility. institute.