Estelionato e vazamento de dados: a interseção entre crime digital e proteção da privacidade

Abstract

This article addresses digital fraud and data leaks as growing challenges in the technological era. Digital fraud refers to obtaining illicit advantages through virtual fraud, and is regulated by article 171 of the Penal Code, with penalties increased by Law No. 14,155/2021. Data leaks occur when personal information is accessed or disclosed without authorization, which can enable cybercrimes. The relationship between the two is close, as illegally obtained data fuels financial scams and online fraud. Among the main methods of digital fraud are phishing, spoofing, ransomware, and social engineering, all of which exploit technological and behavioral flaws. The impact of these crimes is significant both for individuals, who suffer financial and psychological losses, and for companies, which may face legal assessments and damage to trust. The General Data Protection Law (LGPD) establishes rules to guarantee user privacy and imposes responsibilities on companies in the processing of personal data. The article also discusses the challenges in digital security, highlighting the need for preventive measures such as the use of blockchain, multifactor authentication and artificial intelligence. In addition, we emphasize the role of the State and companies in mitigating risks, through efficient regulation, monitoring and adoption of good practices. Finally, the study points out future perspectives, considering technological evolution and the need for constant adaptation of laws and protection strategies. Collaboration between governments, the private sector and society is essential to ensure a safer and more reliable digital environment.