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Information leak

 
The case's rapporteur highlighted the clear violation of professional secrecy, emphasizing the hospital's responsibility to protect the patient's health data.
From the Editor
 
Hospital  Brasil, belonging to Rede D'Or São Luiz, was ordered to compensate actress Klara  in R$200,000 for moral damages due to the leak of information about her pregnancy by the hospital team in 2022. The 1st Chamber of Law Private Court of TJ/SP confirmed the conviction, reducing, however, the initially determined amount of R$1 million.
 
The case's rapporteur, Judge Francisco Loureiro, highlighted the clear violation of professional secrecy, emphasizing the hospital's responsibility to protect the patient's health data.
 
The information was published by G1.
 
After the episode became public, Klara  shared an open letter, in which she revealed that she had been raped, had become pregnant as a result and had chosen to adopt the child, following current legislation. The actress expressed her desire to maintain privacy on the matter, which, however, ended up being exposed along with attacks and speculation on social media and websites specializing in celebrities.
 
She reported having been coerced by a nurse, who insinuated columnist Léo Dias's interest in the story: "Imagine if that columnist [Léo Dias] discovers this story" . When Klara returned to her room, there were already messages from the columnist with all the information.
 
 
Actress Klara  will be compensated by the hospital. (Image: Reproduction/Instagram)
Originally, the court of the 8th Civil Court of Santo André identified the act of leaking information as a serious failure of conduct on the part of hospital employees, highlighting the need for secrecy and discretion. The court decision highlighted that the leak represented a violation of constitutional standards and the LGPD, attributing responsibility to the hospital for what happened due to the lack of ethical commitment of its professionals, the inability to prevent the disclosure of sensitive data and the ineffectiveness in repairing the damage. caused in an agile manner.
 
"The psychological consequences borne by the author were very serious. The hospital was the great potentiator of what happened by not hiring professionals committed to their ethical duties, by not preventing the leakage of sensitive data, by not treating the data properly and much less by quickly resolving the issue. damage caused by carelessness and unpreparedness."
 
At TJ/SP, the sentence was confirmed, but the compensation amount was reduced.
 
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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