By: Leonardo Neri
In a court proceedings at Ponte Nova Labor Court, an employee from Cacau Show claimed to receive calls from companies at inappropriate hours.
The case was filed in Minas Gerais forest zone area, in Ponte Nova, where a franchisee of the said company was convicted to pay R$5,000.00 for sharing data of an employee’s related to her private communication contact. In the proceeding, the victim claimed to have been annoyed at 4 am with prank calls and inquiries using her personal data in an invasive manner. The decision directed at the invasion of privacy was made by the possible identification of the author of the lawsuit, through data allegedly made available by Cocoa Show in the market.
The demand was filed in mid-2020, on the grounds of non-compliance with Law No. 13.709/18 (LGPD), combined with offense to Article 5 of the CF/88: “the intimacy, private life, honor and image of persons are inviolable, guaranteeing the right to indemnity due to material or moral harm resulting from their violation”.
The reason for the conviction occurred because it was confirmed that the former employee’s contact information was available on the company’s sales website, and thus Cacau Show was unanimously condemned by the 9th Panel of the TRT from Minas Gerais, to pay for the moral damage inflicted on the plaintiff.
This is yet another case that shows that companies need to have compliant privacy and data protection programs.