BLOCKCHAIN E DIREITO À PRIVACIDADE: ANÁLISE DA LEGALIDADE DO ARMAZENAMENTO DE DADOS EM SISTEMAS CRIPTOGRÁFICOS DISTRIBUÍDOS À LUZ DA LEI GERAL DE PROTEÇÃO DE DADOS

Abstract

The tutelage of legislation has always struggled to catch up with the intense changes that occur daily with the everchanging industrial revolution. Nowadays, the intense digitalization period culminates in recurrent violations to the citizen´s right to privacy, which in conjunction with financial interests motivated by demands from the European Union, culminates in the creation of the Brazilian “General Data Protection Regulation” (LGPD). However, the process of assuring these rights is contemplated in a generalized law, which will need doctrine and jurisdiction study to be truly adapted to a median that constantly suffers intense changes, like Software Development. At the same time there is a growing interest in assuring the rights of citizen’s personal data, the area of computer sciences lives through a growing focus on data security. Among the many tools that can be used in this subarea of that science, it is Blockchain that stores its data in a way that they can not be modified or deleted after insertion on the distributed registry. That, however, conflicts with article 18 of LGPD, which grants Brazilian nationals the right to demand the exclusion of certain modes of date, when this is required by the rightful owner of the data.