Metro ordered to compensate passenger approached in a truculent manner
The relationship between the subway and the passenger is one of consumption and, therefore, protected by the Consumer Protection Code. This was the understanding of the 44th Civil Court of the Central Forum when condemning the São Paulo Metro to pay compensation after its security guards searched a passenger in a truculent and vexatious manner. The subway will have to pay R$15,000 in moral damages. reproduction Security guards approached the passenger with the suspicion that he was an illegal trader. reproduction The passenger was approached inside a carriage, after security guards suspected he was an illegal trader.
They removed him from the train and searched him on Iran Telegram Number Data the platform, in front of other people. Then they took him to a mezzanine and continued the search. It was found that he was not a salesman and the passenger was released. Judge Anna Paula Dias da Costa states that the relationship between passengers and the Metro is one of consumption. Based on this, the transport company has objective responsibility for what happens in its domains. "It is not denied that subway security agents, when carrying out their activity, must ensure the safety of users and act immediately to avoid risks.
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However, in the case at hand, the agents' conduct went beyond the normality parameter for the exercise of the profession, as the images captured by the security camera contradict the version presented by the defense", said the judge in the decision. A reflection of this is Law 13,709, of 8/14/2018, with amendments to Provisional Measure. The new regulatory instrument, called the General Data Protection Law, comes in the wake of the General Data Protection Regulation , drawn up by the European Parliament in 2016, replacing Directive 95/46/EC. Its objective is to regulate the storage and transmission of personal data, establishing a minimum standard of data protection and developing tools to control and punish offenders.
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