A Lei Geral de Proteção de Dados sob a perspectiva dos direitos da personalidade e da responsabilidade civil

Abstract

The massive use of personal data by state and private organizations, based on advanced information technologies, presents new challenges to the right to privacy. The combination of various automated techniques allows sensitive information about citizens to be obtained, which becomes the basis for economic, political and social decisions. The analysis of the treatment of personal data within the scope of consumer relations must consider, as a priority, the consumer's vulnerability in this process. Thus, the State's action is necessary for the protection of the consumer's personal data, because the market, instead of contributing to overcome the consumer's vulnerability, actually ends up reinforcing it. From this point of view and in order to make possible an adequate response to the social challenges resulting from the technological revolution, it is fundamental that Brazilian law be reconstructed so as to understand and solve the new problems faced by the citizen in the information age. The effective application of the fundamental individual right to the protection of personal data depends, to a great extent, on the collective answers that will be presented to implement it, reason for which it is necessary to commit to the realization of a democracy of information that protects both self-determination and freedom of control of personal information by the citizen, as well as the protection against the discriminatory use of data, both through a legal culture capable of understanding the protection of personal data as an autonomous fundamental right and through a regulatory architecture capable of making the theme of protection of personal data emerge as a true sector of public policies.