In a judgment handed down by the 2nd Panel of the Superior Court of Justice (STJ), when analyzing a case that portrayed the leaking of personal data, it was decided that there will only be an obligation to pay moral damages if damage resulting from the exposure of the leaked data is proven, therefore there is no presumed moral damage.
The trial was the result of a case of data leak (ID, date of birth, telephone number and contractual data) by an electricity provider.
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