A lawsuit filed by Instituto Sigilo against the Cleardue to the leak of consumer data, gained new life in court.
After the initial request for compensation of R$15,000 for each affected client was considered unfounded by the 18th Civil Court of São Paulo, the Institute appealed to the second instance.
There, he was successful at the São Paulo Court of Justice (TJSP) to continue with the action.
Action reopened
The Instituto Sigilo, dedicated to defending the protection of personal data, compliance and information security, had its appeal accepted by the TJSP on November 12, revoking the previous decision of the first instance.
The process aims to claim the indemnity for the undue exposure of Claro’s customer data.
The action began with the institute seeking financial compensation for consumers whose data was exposed.
The initial lawsuit, which sought compensation of R$15,000 for each victim of the leak, was considered unfounded by the 18th Civil Court of São Paulo.
Second instance is reopened after denial of compensation. – Image: Shutterstock/Reproduction
Instituto Sigilo continued with the process in the second instance, arguing that neither technical expertise nor the production of documentary evidence essential to the case were carried out.
The São Paulo Court of Justice accepted the appeal and determined the need to present evidence since the implementation of the General Data Protection Law (LGPD).
Judge Rodrigues Torres reinforced the importance of proving the company’s guilt or intent in the face of data leaks, highlighting that the simple occurrence of the leak already constitutes a violation of consumers’ rights, protected by Brazilian legislation.
In search of clarification, the Brazilian press contacted Claro, which simply stated that it “does not comment on ongoing legal proceedings”.
A final decision on the case is pending; However, the issue raised by Instituto Sigilo highlights the growing importance of data protection and the responsibility of companies in the processing of personal information of your customers.
