57% of LGPD lawsuits end up without judicial conviction, says survey

A survey pointed out that 57% of the processes on the General Data Protection Law end up without judicial conviction.

The numbers were compiled by the office Opice Blum, Bruno e Vainzof, with 465 cases of the Superior Court of Justice of six states and the Federal District, between December 1st and 31st, 2022.

In an interview with CNN Radio digital law attorney Rony Vainzof said he welcomes the compiled data.

“The LGPD is super important for Brazil and follows international parameters, it is a map to be followed by companies aiming at the ethical, safe and responsible use of data”, he said.

However, he makes the caveat that, in terms of regulation, it is still in its infancy, that is, companies seek compliance even without it being regulated.

“The legislation foresees mechanisms to stimulate the resolution of conflicts between individuals and companies. It would be reckless if the Judiciary stimulated an industry of moral damages.”

Precisely for this reason, he sees the survey as positive: “Companies seek to be diligent against security incidents and are transparent when this happens.”

“The lack of proof of moral damages is among the main causes precisely for the absence of conviction”, he added.

The lawyer points out that people’s rights are preserved with regard to data protection.

“The law brought robustness to charge companies and we as individuals are protected by the Constitution and by the law, in an attempt to resolve with companies, they have to have a direct channel, so that we can get in touch.”

In 2023, Vainzof believes that “we will have regulated issues” of the LGPD.

“As an example of international data transfer, legal bases for dealing with personal injuries and criteria for information security”, he added.

*Produced by Isabel Campos