The São Paulo State Court of Appeals (TJSP) upheld a ruling denying a claim for moral damages and injunctive relief in a lawsuit filed by a consumer against a credit analysis company. The plaintiff alleged that his personal data had been shared without consent by the defendant company, in supposed violation of Brazil's General Data Protection Law (LGPD) and the Consumer Protection Code.
The dispute concerned the disclosure of personal data such as estimated income, address, and mother's name through the "Acerta" credit analysis service, without the data subject's express authorization. The court found that such information is not considered sensitive under either the LGPD or the Positive Credit Registry Law, and that Article 7, X, of the LGPD authorizes the processing of personal data for credit protection purposes, waiving the need for the data subject's consent.
The ruling emphasized that there was no evidence of misuse, data breach, or credit denial resulting from the information consulted. Therefore, no compensable moral harm was established, and the credit analysis activity carried out by the defendant was deemed lawful within legal limits.
Finally, the court reaffirmed that the mere absence of the data subject's consent, without demonstrating concrete harm or unlawful use of data, does not constitute moral damage. The plaintiff's appeal was denied and the original ruling of dismissal was upheld.
This post was summarized from the original court decision using AI, with human review.
TJSP/AC n. 1000622-54.2024.8.26.0153