Do poder como controle de liberdade ao poder como liberdade de controle : a Lei Geral de Proteção de Dados e a (des)proteção de dados no contexto das redes sociais

Abstract

Data protection is in the collective interest and of each Internet user, in particular. The initial enthusiasm surrounding social networks soon gave way to concern and interest has arisen in the existence of a path that guarantees security in the circulation, control and treatment of information generated by the individual, protected as a legal asset. The data era is the scene of economic, social and cultural disputes, and, due to the frenetic pace and speed, it is not known who collects it or who uses it, nor the purpose of its storage. Taking this issue into consideration and based on the work of Shoshana Zuboff, “The Age of Surveillance Capitalism”, which makes up one of the main theoretical references of this research, the question arises: can the Brazilian General Data Protection Law (LGPD) achieve the its role in effectively protecting personal data in front of Facebook, WhatsApp and Instagram, members of the Meta economic group? To this end, the study will initially contextualize the emergence of platform capitalism based on widespread data collection and practiced by large information technology and telecommunications companies. Permeated by neoliberal rationality, for whom just extracting data is no longer enough and privacy is obsolete, the so-called control society emerged, which, based on the concept of behavioral modulation, now advances on the emotional aspect and is characterized by constant monitoring of technological devices. Then, the second chapter will analyze the origin and evolution of the fundamental and transversal right to data protection and informational self-determination, as well as, as a priority, legal provisions of Law 13,709/2018 will be analyzed, essential to answer the central question. The hypothesis that was considered plausible was to answer the question negatively, due to the clear and indisputable imbalance in power relations due to the data domain, that is, the LGPD cannot prevent abuses of personality rights that must be protected by it. Furthermore, this research will be explanatory in nature, using the hypothetical-deductive approach method and will also be assisted by hermeneutic and historical-evolutionary methods with the use of the bibliographical research technique. In this sense, confirming the initially predicted response, the analysis points to the fact that, despite the legal provisions in force in the data protection microsystem, the Meta group has, on a repeated basis, acted in an abusive manner, while the structuring of the National Data Protection Authority moves slowly. The lack of protection stems much more from the foundations of surveillance capitalism, which is based on the extraction of data in a massive and inconsequential way, deepened by the lack of a culture of data protection. As long as data security is tied to current market dynamics, there will be no real protection. Despite the positive characteristics of the LGPD, the response to the mentioned problem needs to go beyond issues such as breaking the monopoly and protecting the right to privacy, reason why, in the end, this research highlights the need for new legislative interventions and algorithmic governance as another plausible solution to this situation.