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Odin ⚜️'s avatar

Some jurisdictions data subjects don’t even get the right to know about a data breach unless it harms or is likely to harm them, which is ridiculously subjective

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Marison Souza's avatar

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

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Lucas Barreiro's avatar

Loved your post. Do you have any link to the brazilian's court ruling?

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Marison Souza's avatar

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.

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Lucas Barreiro's avatar

Thank you, Marison.

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