The victim received salary loan offers through messages. Faced with numerous contacts, the victim then decided to take the institute to court. Try it!

A pensioner from the National Social Security Institute (INSS) whose personal data was leaked and who became a victim of harassment won the right to 2,500 in compensation in court

The woman, whose name was not disclosed, lives in the interior of São Paulo and was seeking justice for the several messages of alleged promotions that she received after the disclosure of her data.

According to his testimony, the victim explained, the contacts had remained constant immediately after receiving the right to the death benefit. It is believed that other people, like the citizen, go through similar situations.

The pensioner received payment of the death benefit in June last year. Some time later, she received offers for a salary loan from the INSS.

The woman received the suggestions via SMS, phone call and even WhatsApp. Faced with numerous contacts, the victim then decided to take legal action against the institute.

Court ruled that the INSS should compensate

Due to the regulation of the General Data Protection Law, known as LGPD, the court decided that the pensioner should be compensated by the INSS. According to the judges, this is one of the first cases in which the new law was applied in a decision.

In the situation in the interior of São Paulo, the INSS explained that the insured cannot prove that the institute was actually responsible for the data leak that caused the calls and messages with the supposed offers.

The City also processed the information was not lost. Despite what was defended by the body, federal judge Janaína Rodrigues Valle Gomes, judge in the case, was not convinced.

The judge also noted in her decision that the victim began receiving the messages precisely at the time she was mourning the loss of her partner. According to Janaína, this fact also influenced the decision.