The 2nd Panel of the Superior Court of Justice reversed the Court of Justice of Sao Paulo decision, which ordered Eletropaulo to compensate a consumer who had her personal data leaked.

The Reporting Justice, Francisco Falcão, understood that the leaked data are routinely provided in any registration, not subject to secrecy, and there was no violation of the consumer’s personality rights.

The decision consolidates the understanding that the moral damage caused by routine data leakage is not presumed, and it is necessary to prove the damage resulting therefrom.

To read the justice’s vote, click HERE.

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