Paulo Brancher addressed data protection in an ABES event
One of the most uncertain points and one of the greatest challenges in relation to IoT is the legal responsibility in cases of incidents involving connected devices. The subject was addressed by the lawyer at Mattos Filho law firm and professor of Commercial Law at PUC-SP, Paulo Brancher, at the Desafios da IoT event, held by ABES on November 6, in São Paulo.
Brancher highlighted the difficulty of assigning legal responsibility, as there is still no legal provision. “Regulations exist to organize our life in society. In this case, creating liability laws is about how we want to handle these incidents. According to the existing rules of civil liability, whoever caused damage to someone, has to indemnify, but it is not so simple”. According to the lawyer, in the case of incidents due to password leakage, it is difficult to assess whether the responsibility lies with the supplier or the user. “The supplier cannot be the user's nanny”. He also highlighted that there is no trend towards dealing with these issues, “because they have not yet been taken to court”, they are still new issues for the Law.
"The new Data Protection Law poses even more challenges, as it brings power to the data subject", he stressed, reinforcing the need to ensure that the use is being done in an authorized manner and that all care is being taken to mitigate the breach of this data. “In view of the unpredictability of incidents, such as equipment failures, to bring legal certainty, there are specific insurance policies for cyber risks”, a measure recommended for companies in general.
Brancher highlighted the difficulty of assigning legal responsibility, as there is still no legal provision. “Regulations exist to organize our life in society. In this case, creating liability laws is about how we want to handle these incidents. According to the existing rules of civil liability, whoever caused damage to someone, has to indemnify, but it is not so simple”. According to the lawyer, in the case of incidents due to password leakage, it is difficult to assess whether the responsibility lies with the supplier or the user. “The supplier cannot be the user's nanny”. He also highlighted that there is no trend towards dealing with these issues, “because they have not yet been taken to court”, they are still new issues for the Law.
"The new Data Protection Law poses even more challenges, as it brings power to the data subject", he stressed, reinforcing the need to ensure that the use is being done in an authorized manner and that all care is being taken to mitigate the breach of this data. “In view of the unpredictability of incidents, such as equipment failures, to bring legal certainty, there are specific insurance policies for cyber risks”, a measure recommended for companies in general.
Security issues related to IoT devices were also addressed at the event by José Palazzi, Qualcomm; Cristian Oliveira, Intel, and João Rocha, from IBM, who made his presentation available. Access here.
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