RESPONSABILIDADE CIVIL DAS INSTITUIÇÕES FINANCEIRAS POR ESTELIONATOS PRATICADOS POR TERCEIROS EM VIRTUDE DE VAZAMENTOS INDEVIDOS DE DADOS

Abstract

The present work is intended to illustrate the civil liability of financial institutions against the frauds committed by third parties who use the leaks of personal data of customers and shareholders to perpetrate the most varied types of offenses against them, being addressed for this purpose, the legislation civil, the consumer protection code, in addition to the constitutional text, so that at the end of this work it would be possible to bring a legal basis, the discussion is technical. In parallel, the essential elements for the characterization of Civil Liability in general were defined, in addition, of course, to the responsibility and charges assumed by the supplier of products and services in a consumption relationship, which is worth pointing out, extends to institutions financial. Essential elements of the consumer law were also determined, with respect to failures in the provision of services, which result in damages to its consumers, attributing the legal responsibility to the case. And, at the end of the research, it became possible to complete that the effects of strict liability extend to these large banking corporations in cases involving leaks of personal data from customers and shareholders that result in crimes perpetrated by fraudsters, being defined based on this information that such charge comes from the failure to protect personal information, resulting from a poor provision of services, defining the event as an internal theft. However, it should be considered that the mere leakage of data by itself does not entail the duty to indemnify, therefore, it is necessary to effectively demonstrate damage.