INSS E A INDENIZAÇÃO POR VAZAMENTO DE DADOS: DESAFIOS DA PROTEÇÃO CONSTITUCIONAL PREVIDENCIÁRIA À LUZ DA LGPD

The present article analyzed the possibility of holding the National Institute of Social Security (INSS) civilly liable due to the leakage of personal data of beneficiaries and pensioners, highlighting the importance of constitutional protection and the applicability of the General Data Protection Law (LGPD). The study aimed to examine the legal challenges arising from such violations, taking into account the fundamental rights to privacy, intimacy, and information security within the context of social security relations. To deepen the discussion, the right to privacy and data protection in the Brazilian legal system was investigated, as well as the duties of the Public Administration regarding the preservation of these guarantees in the social security context. Furthermore, the applicability of the LGPD was examined as a normative instrument for civil liability and compensation for damages resulting from information security breaches. The study adopted the deductive method of approach, based on bibliographic and documentary research, including consultations with legislation, legal articles, and specialized legal doctrine.

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Publication Details

Journal
Revista fisio&terapia.
Published
2025-06-29
DOI
https://doi.org/10.69849/revistaft/pa10202506292132
Primary Topic
Brazilian Legal Issues
Type
article
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article

INSS E A INDENIZAÇÃO POR VAZAMENTO DE DADOS: DESAFIOS DA PROTEÇÃO CONSTITUCIONAL PREVIDENCIÁRIA À LUZ DA LGPD

Carla Oliveira, Gisella
Revista fisio&terapia.
Brazilian Legal Issues
article

INSS E A INDENIZAÇÃO POR VAZAMENTO DE DADOS: DESAFIOS DA PROTEÇÃO CONSTITUCIONAL PREVIDENCIÁRIA À LUZ DA LGPD

Carla Oliveira, Gisella
article en

Abstract

The present article analyzed the possibility of holding the National Institute of Social Security (INSS) civilly liable due to the leakage of personal data of beneficiaries and pensioners, highlighting the importance of constitutional protection and the applicability of the General Data Protection Law (LGPD). The study aimed to examine the legal challenges arising from such violations, taking into account the fundamental rights to privacy, intimacy, and information security within the context of social security relations. To deepen the discussion, the right to privacy and data protection in the Brazilian legal system was investigated, as well as the duties of the Public Administration regarding the preservation of these guarantees in the social security context. Furthermore, the applicability of the LGPD was examined as a normative instrument for civil liability and compensation for damages resulting from information security breaches. The study adopted the deductive method of approach, based on bibliographic and documentary research, including consultations with legislation, legal articles, and specialized legal doctrine.

Revista fisio&terapia.Vol. 29(147)
Openalex Percentile: Top 75%
Brazilian Legal Issues
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