Facebook should compensate Brazilians at R$500 for data leak

Maranhão Court of Justice (TJMA) sentenced Facebook to reimburse nearly 8 million Brazilians His data was leaked from the social network. Each affected person should receive R$ 500 in non-pecuniary damage.

The decision cites a massive 2021 leak that exposed the phone numbers, full names, workplaces, dates of birth, emails and other sensitive data of 503 million platform users worldwide.

The compensation order was signed by Judge Douglas de Melo Martins of the Court of Common and Collective Interests in the São Luís Island region and was delivered last Thursday (23). The technology company also will have to pay a fine of BRL 72 million for collective non-pecuniary damagesand the amount will go back to the State Fund for Common Interests.

In the process, the judge partially accepted the requests made by the Brazilian Institute for the Defense of Consumer Affairs (Ibedec/MA). Ibedec pointed out that Facebook contradicts the legal protection provided to consumers with constitutional rights such as privacy, privacy, dignity and image protection.

The enactment of the Constitutional Amendment No. 115/2022 made the protection of personal data one of the fundamental rights and guarantees of the citizens of the country. In addition, the General Law on the Protection of Personal Data (LGPD) of 2018 provides information on the rights and duties of brands that process personal data.

“It is appropriate to point out that treatment staff should take security, technical and administrative measures that can protect personal data from unauthorized access and accidental or unlawful destruction, loss, alteration, communication or any other improper or unlawful treatment.” defended the judge in the decision.

Who is entitled to compensation?

Although the Maranhão Court of Justice issued a decision ordering R$500 each to be paid to the approximately 8 million Brazilians affected, there is a long process for people to get the value. Victims of the leak may not even see the color of the money.

in an interview with g1, Judge Douglas de Melo Martins pointed out that his decision was only 1st instance, meaning Facebook could still appeal to higher courts. The execution of the sentence will take place only after the final and irrevocable decision, i.e. The tech giant will only have to make the payment when all objections are closed..

Another question is: who is theoretically entitled to compensation? The judge said: users who feel affected will need to file an individual lawsuit to find out if they can request payment.

Facebook

“You’re already asking me ‘how do you get paid?’ there are a lot of people asking. Calm down, if you still have to pay it needs to be defined first. How you will pay is discussed later, in the execution phase”, said the judge g1.

One of the possibilities for the user to find out if their data has been leaked is by accessing the website. Have I been tricked?. In recent cases of the genre, it indicates whether the person’s information was leaked to the internet. But the page doesn’t show exactly which leak the person was exposed to, making it hard to know if there’s an event on Facebook in 2021.

HE Technology World The holding that owns Facebook contacted Meta to confirm the company’s position in the lawsuit. However, until the closing of the text, the brand had not sent the person back.

Source: Tec Mundo

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