Security Incidents: Regulation and Practice of Personal Data Leakage in Light of the LGPD

Abstract

Nowadays, despite technological advances, there is still much talk about personal data leaks and their respective consequences, whether emotional or financial losses. This phenomenon is characterized as a security incident in which personal data or sensitive information is publicly exposed or transferred to third parties without the consent of the holder. Given this scenario, in which data preservation is crucial for business organizations, Law No. 13,709/2018 was enacted to protect the fundamental rights of freedom and privacy of each citizen, establishing that those responsible for data processing are liable for incidents, thus promoting an environment of legal security. However, the question is why there is still a high incidence of personal data leaks even after this law came into effect? To address this issue, we opted for bibliographical research, investigating the increasing frequency of data leaks and the application of Law 13.709/2018, together with its regulations on the treatment of user information. Based on the research carried out and recent case studies involving data leaks, the disruption caused by the dissemination of personal information is evident. Therefore, when using applications and software, it is crucial to act with caution, from registering on shopping applications to browsing search sites and online stores, among others.