A IMUTABILIDADE DA BLOCKCHAIN E OS IMPASSES PARA A PROTEÇÃO DOS DADOS PESSOAIS: UMA ANÁLISE DA CONFORMIDADE DA TECNOLOGIA COM O DIREITO CONTRATUAL DIGITAL

Abstract

The technological advancement has significantly transformed the way data is collected, stored, and used, driving the need for regulation to ensure the protection of personal information, especially as the digital space becomes increasingly predominant in the social world. In this context, blockchain emerges as an innovative technology, guided by decentralization and the immutability of records, providing greater security and transparency in digital transactions. However, this characteristic of immutability poses legal challenges, particularly in relation to the General Data Protection Law (LGPD), which guarantees data subjects the right to delete and correct their information, given the rigidity of the technology in altering data. This paper investigates the issues and potential solutions for harmonizing blockchain with digital contract law, considering the impact of smart contracts on the legal world. Thus, while blockchain offers advantages such as transparency and security, its immutability feature makes it difficult to fully apply data protection laws. Nevertheless, alternatives such as anonymization and off-chain storage can mitigate the impacts of this limitation, so that, despite the challenges, the adaptation of blockchain to the legal framework is not merely a possibility, but rather a reality that can utilize technical solutions to ensure the protection of data subjects' fundamental rights without compromising technological innovation.