Some jurisdictions data subjects donβt even get the right to know about a data breach unless it harms or is likely to harm them, which is ridiculously subjective
a friend once found out his credit was ruined by a breach he was never told about, only learned months later through a loan rejection. Apparently, the harm wasn't 'likely enough.' Subjective indeed, thats why it rises so many debates
Consider also that, although there are these special appeals from this minister, there are several other opposing decisions from other ministers, in other words, it is not unanimous; these are rulings on specific cases.
Some jurisdictions data subjects donβt even get the right to know about a data breach unless it harms or is likely to harm them, which is ridiculously subjective
a friend once found out his credit was ruined by a breach he was never told about, only learned months later through a loan rejection. Apparently, the harm wasn't 'likely enough.' Subjective indeed, thats why it rises so many debates
Loved your post. Do you have any link to the brazilian's court ruling?
Sure, you can find it:
2.115.461/SP
https://www.conjur.com.br/wp-content/uploads/2024/10/STJ_202304537984_tipo_integra_275287318.pdf
2.133.261/SP
https://processo.stj.jus.br/SCON/GetInteiroTeorDoAcordao?num_registro=202401096099&dt_publicacao=10/10/2024
Consider also that, although there are these special appeals from this minister, there are several other opposing decisions from other ministers, in other words, it is not unanimous; these are rulings on specific cases.
Thank you, Marison.