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In Brazil, justice orders Facebook to compensate user for hacked account

A user profile hacked into the social network of photos Instagram should result in a fine for the company Facebook Serviços Online do Brasil, according to the decision of the 6th Special Civil Court and Consumer Relations of São Luís, in Maranhão. In addition to being ordered to pay the victim R$5,000 for moral damages, the social network will have to recover the compromised account.

According to the lawsuit, the author who sued Facebook claimed that he had an account of approximately 11,000 followers and that, on January 13 of last year, his profile was hacked and later used for illicit purposes.

After several unanswered complaints to Facebook, the author took the case to the judge requesting the restoration of the hacked profile and compensation for moral damages.

Image: Erik Lucatero/Unsplash

Facebook claims not to be at fault, but justice sees liability relationship

In defense, the company responsible for Instagram’s business in Brazil, claims that it uses tools so that the provider is alerted about the publication of content and unauthorized actions, as well as providing information on account security measures. Facebook claimed that the user neglected to protect the account and therefore would not be at fault for the event.

“Without reason, the defendant when alleging that the exclusive fault of a third party remained, since the exclusive fault of third parties, capable of suppressing such responsibility, is only that which falls into the genre of external fortuitous, that is, that event that is not related of causality with the supplier’s activity, which did not occur”, pondered the judgment.

According to the sentence, the plaintiff, upon learning of the facts, took the necessary measures by asking the requested company to restore the account, but received no response.

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Image: Unsplash

Justice understood that it was proven that the author had his account hacked and that, on behalf of the victim, the posts made after the fact were intended to obtain an undue advantage, seen by followers of the author on the social network, to make electronic purchases. and household appliances, among other crimes.

“The defendant had all the possibilities to solve the problem and did not do it, the plaintiff was forced to seek the Judiciary (…) In this way, moral damage is the damage resulting from the aggression to human dignity, which causes embarrassment, hurt or sadness in the intimacy of the person, and differs from those situations that cause mere annoyances. The defendant must proceed with the recovery of the plaintiff’s account, as well as proceed with the payment of R$ 5 thousand, as moral damages”, concludes the decision.

Via ConJur

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