Between data and damages: the (im)possibility of imposing non-material/moral damages in cases of personal leaks in the information society

The advancement of the internet has brought along the constant concern about the leakage of personal data, for both individuals and companies. This unease is amplified by the frequent news of inappropriate exposure of private information, notably in cases of leaks within the Austrian postal service company (Österreichische Post AG), the Bulgarian National Revenue Agency, and the Brazilian electricity company (Enel). Considering this backdrop, researchers have been dedicating themselves to exploring the possibility of accountability for non-material damages arising from data breaches. The study initiates with a review of the concept of the Information Society, explores the legal frameworks for data protection in the European Union and Brazil, and analyzes concepts of non-material and moral damages. Subsequently, the text investigates cases of data breaches and, finally, examines judicial decisions on accountability in similar situations, both in the European Union and Brazil.