The victim received salary loan proposals via text messages. After receiving numerous messages, the victim decided to take the institution to court. Try it!

A pensioner of the National Institute of Social Security (INSS) whose personal data was leaked and who became a victim of harassment won the right to 2.5 thousand in compensation in court

The woman, whose name was not released, lives in the interior of São Paulo and was seeking justice for the various messages of supposed promotions that she received after her data was released.

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

The pensioner received the death benefit payment in June last year. Some time later, she received salary loan offers 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 ruled 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 Hall also sued, but the information was not lost. Despite what the agency argued, federal judge Janaína Rodrigues Valle Gomes, the 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 weighed on the decision.