O PAPEL E A EFETIVIDADE DO CONSENTIMENTO DA PROTEÇÃO DOS DADOS PESSOAIS

Abstract

The objective of this work is to study the role adopted by consent in the protection of personal data, especially, but not limited to Brazilian legislation. Furthermore, it is intended to observe its effectiveness as an informational self-determination tool and, finally, presents a way to be followed so that the protection standard actually achieve its objective. The methodology used in the work is the analysis of the existing legislation on personal data, seeking to identify key concepts such as personal data, sensitive data, as well as understanding where consent is inserted in the protection of personal data and his characteristics, then, look at the reality in search of identification between the objective brought by the standard and the factual situations. For this, both doctrinal analysis will be used. From the analysis of legislation and doctrine, the hypothesis is adopted that, despite occupying a central position in the protection of personal data, acting as the main means of informational self-determination, consent, alone, is not sufficient for the effective protection of personal data in due to the asymmetries existing in legal relations, making it necessary to develop other policies for the empowerment of the data subject.