The Court of Justice of Paraná ruled on a moral damages lawsuit filed by a truck driver against two companies, GPS Logística e Gerenciamento de Riscos S.A. and Guep Soluções Corporativas S.A. The case involved allegations of improper handling of personal data, which allegedly resulted in refused cargo loading orders and unlawful demands for clearance certificates as a condition for the plaintiff to perform his work.
The ruling found that GPS Logística lacked standing as a defendant, since the company had not been involved in driver data processing activities since 2018. Guep Soluções, on the other hand, was held responsible for the improper collection and processing of the plaintiff's data, which led to discrimination and harm to his livelihood. The company had reportedly provided inaccurate or outdated information to trucking companies, resulting in refused loads and unreasonable demands.
The court highlighted that the data processing conducted by Guep Soluções violated several principles and foundations of the General Data Protection Law (LGPD), including purpose limitation, adequacy, necessity, and data quality. The company also failed to respect the data subject's rights under the LGPD, such as access to information and correction of inaccurate data. The conduct was deemed abusive and disrespectful of the plaintiff's right to informational self-determination.
As a result, Guep Soluções was ordered to pay R$ 15,000 in moral damages, reflecting the severity of the violations and the specific circumstances of the case. The ruling also preserved the company's right of recourse against other potentially liable parties. No attorney's fees were awarded.
This post was summarized from the original ruling using ChatGPT version 4.0, with human review.
TJPR-RI n. 0005267-24.2023.8.16.0131