Vigilância na sociedade em rede: a coleta de dados pessoais na Internet e suas implicações ao direito à privacidade

Abstract

The emergence of the Internet led to a transformation in the mechanisms for the collection and dissemination of information. With the expansion of surveillance forms, the laws protecting privacy have become insufficient. Therefore, this study aimed to analyze the current wave of surveillance made possible by collecting data over the internet, especially with regard to the breach of personal data privacy. Behold, the next problem arises: the current dimension assumed by indiscriminate surveillance in society is moving towards the end of the right to privacy? To address this issue, if approached, at first, the context of enhanced surveillance and its effect on the rights to privacy and data protection. Then, based on the revelations of Edward Snowden, looked to government surveillance, checking the need to rethink the balance between the right to privacy and the protection of public safety. To this end, the study was conducted through the dialectical method of approach, investigating the conflicting nature of the subject, in that, there is an alleged public interest in data collection (public security) and at the same time, the need the preservation of privacy. The methods of procedures, in turn, were the historical, the monographical and the comparator. The first, in investigating the context in which the current surveillance systems emerged. The second, in the analysis of surveillance technologies, generated problems and possible solutions. The third procedure was used to establish the contrast between public safety protection and preservation of privacy based on the justifications presented. Finally, it was found that although the technology environment is hostile to privacy, the emergence of a new global consciousness has provided new ways to maintain this important right.