Decisões automatizadas: a revisão (humana) do artigo 20 da LGPD

Abstract

The present work aims to analyze article 20 of the General Law for the Protection of Personal Data (LGPD), which provides for the right to review decisions taken solely based on automated processing of personal data, considering the principles that involve law, as well as the other rights present in article 18 and that can be exercised at the request of the data subject. To this end, works by authors working in the area of privacy and data protection were used to interpret the fundamentals present in the legislative drafting and the main concepts created by the law that, in practice, constantly debate about the impasses regarding the exercise of this right, in search of a consolidated understanding, considering the exponential advancement of automation tools within business models. In addition, comparative law was also used, mainly European legislation, General Protection Data Regulation (GDPR), which was the main inspiration of the LGPD for the elaboration of the personal data protection law in Brazil, as it also deals, in its article 22, the provision of this right to review automated decisions, respecting the individualities of each legislation. Finally, the result was the possibility of human interventions, the need for a risk analysis for better control over the personal data processed by the controller and the regulation on techniques for profiling the holder, which build aspects of the personality and can cause harm. purposes, including discrimination, of the holder.