Tutela de dados pessoais: responsabilidade civil do estado frente a vazamentos de dados pessoais sob sua guarda

Abstract

This text seeks to respond to an interdisciplinary research problem that touches the areas of Information Technology and Administrative and Civil Law and, for that, explores the interactions between the complexity brought by technological evolution in the processing of personal data, under the custody of entities State-owned companies, and the legal framework dealing with Civil Liability, in particular State Liability, to respond to the problem of identifying what would be the nature of such liability, whether subjective or objective, in view of the leakage of personal data under the custody of the State entity. The methodological path to achieve this objective was the bibliographical review, using the hypothetical-deductive reasoning, under the legal-dogmatic perspective complemented by the legal-philosophical one. The author sought to bring to the debate the knowledge he has in the area of Information Technology, his first academic training, in order to enrich the discussion, adding contributions drawn from philosophy about concepts such as privacy and responsibility.