The impacts of the general data protection law (lgpd) in the case of banco inter S/A.

Abstract

The general data protection law - LGPD, which came into force in February 2020, fills the gap in Brazilian law in regards to specific legislation regulating the collection and use of data in a more comprehensive way. This article examines the Public Civil Action for Collective Moral Damage no 08190.097749/18- 95 (0721831-64.2018.8.07.0001), provoked by the Public Ministry of the Federal District and Territories (MPDFT) against Banco Inter, for the leakage of customer data with consequent request for indemnity of R$ 10 million. This study analyzes the impacts of the incongruity of the use of the LGPD of this case under examination. Bibliographic, documentary and descriptive research was used as its methodology, with a qualitative approach. This paper’s conclusions point out that, despite the LGPD only entering into force after the establishment and decision of the process in question and in the absence of specific points related to territoriality, it was understood that there were no impacts under law no. 13.709 / 18, unlike what happens with the General Data Protection Regulation (GDPR), regulated by the European Union that has extraterritorial application, meaning that other countries need to be in compliance, under penalty of receiving penalties in case of leakage or damage of customers’ personal data.