Social network user, who had his personal data disclosed by a personal assessment application, about sexual performance, without his authorization, will be compensated R$ 20 thousand, for moral damages. Understand the case.
The 8th Civil Court of São Bernardo do Campo ordered two companies that control social networks to compensate an internet user for moral damages, in the amount of R$ 20 thousand. The decision is made by judge Gustavo Dall’Olio.
The author of the action reported that his F. profile was captured without authorization and used in an application in which women give anonymous ratings and opinions about men's sexual performance, called Lulu. He would have received offensive mentions, which would translate into virtual bullying, and for this reason he requested compensation.
In defense, F. claimed that its users, when they registered, expressly agreed to the sharing of public data, such as contact list, name and profile photograph, which would exempt it from any contractual or legal infraction, and also pointed out the The exclusive fault of the other network, which, when mentioned, did not offer a response. A third company, which hosts the Lulu application website, argued that it had no link or participation in the administration of the data posted by users.
For the judge, the conduct of F. and Lulu was not only illicit and abusive, but also violative of aspects of human personality, which gives rise to the requested reparation. However, he exempted the domain provider from any responsibility in the demand, as it did not have the means of prior control over the content transmitted by third parties.
“Therefore, F., by actively and decisively participating in the insertion of a product/service in the consumer market, by delivering profiles and information from users of the social network to the Lulu application, is jointly and severally responsible for damages caused to the consumer”, noted in sentence.
“Saying that users – and there is proof that the author is so – agreed to the terms and conditions of use of the website, voluntarily providing images and information from contact lists, does not authorize the supplier to use them economically in order to violating the intimacy, private life, honor and image of people, a fundamental individual right, with the right to compensation for material or moral damage resulting from its violation being guaranteed.”
The decision may be appealed.
Source: TJ-SP
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