By: Leonardo Neri
In a legal proceeding being processed at the Ponte Nova Labor Court, an employee at Cacau Show alleged that she received calls from companies for consultations at inconvenient times.
The case was filed in the Zona da Mata region of Minas Gerais, in Ponte Nova, where a franchisee of the aforementioned company was sentenced to R$1,400,000.00 for sharing employee data regarding her private communication contact. In the lawsuit, the victim alleged that she had been bothered at 4 a.m. with prank calls and questions that invasively used her personal data. The decision regarding the invasion of privacy was made due to the possible identification of the plaintiff in the lawsuit, through data allegedly made available by Cacau Show in the market.
The lawsuit was filed in mid-2020, alleging disrespect for Law No. 13,709/18, the LGPD, combined with a violation of art. 5 of the CF/88: “the privacy, private life, honor and image of people are inviolable, ensuring the right to compensation for material or moral damage resulting from their violation”.
The reason for the conviction was that it was confirmed that the contact details of the former employee were available on the company's sales website, and so the confectionery company, which was unanimously convicted by the 9th Panel of the TRT of Minas Gerais, will have to pay moral damages to the author.
This is yet another case that demonstrates the importance of companies having their privacy and data protection programs in compliance.