Public Civil Actions in data privacy breaches

Class actions are used in various jurisdictions as a key mechanism for the protection of collective rights. The Brazilian legal action that most closely resembles class actions in the USA is the Public Civil Action (ACP), which has served over the years as the primary tool for protecting personal data in Brazil. Before the LGPD […]

Processing of personal data for public security purposes

The processing of personal data for public security purposes triggers the application of various provisions outlined in the Brazilian Data Protection Law (“LGPD”). Analogous to the European General Data Protection Regulation (“GDPR”), the LGPD excludes the processing of personal data for specific purposes, wherein public interest is pronounced, from its purview. These include national defense, […]

Can a media outlet be held liable for an interviewee’s statement?

In 1995, a print newspaper published an interview with a lawyer who accused a political activist of having carried out a terrorist attack back in 1966. The activist filed a lawsuit against the news company seeking indemnification for moral damages.  The lower court ruled in favor of the offended party, but the decision was overturned […]