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Article 44

Irregularities in the Processing of Personal Data

The processing of personal data will be irregular when it fails to comply with the law or when it does not provide the security that the holder can expect, considering the relevant circumstances, including:

  • I - the manner in which it is performed;

  • II - the result and the risks reasonably expected of it;

  • III - the personal data processing techniques available at the time it was performed.

  • Single paragraph. Responsible for the damage resulting from the breach of data security to the controller or operator who, by failing to adopt the security measures provided for in art. 46 of this Law, cause damage.