A autodeterminação informativa como fundamento da Lei Geral de Proteção de Dados Brasileira: uma análise a partir da LGPD

Abstract

“Your data are you”, this is a phrase from the Coalizão dos Direitos na Rede campaign (COALIZÃO..., 2019), where it says that the issuance of an individual's birth certificate, personal information about Brazilian citizens becomes collected and stored. Whether interacting on social networks, using a public service, or even making a purchase at the pharmacy, this is part of an infinite universe, as each click that the individual makes on the internet produces new data to be collected, stored and used for some purpose. But what about the management of the data that is being collected, stored and traded as a disordered avalanche? What legal protection do people have through this indiscriminate processing of their data? In Brazil, there is a law that defines the rights and duties for the use of personal data. The General Data Protection Law is a law that came to define the rules for this data processing and brought the citizen as a central element of this regulation when it brings informational self-determination as a fundamental pillar in the management of this digital universe. Therefore, the aim of this study is to bring to light the need for transparency and access to information and education so that people can put this right into practice, that is, the individual's freedom and control over the flow of their information. It is an inductive method work because it demonstrates how scientific and technological knowledge produces changes in society and, even as to the results, it was evident that the advancement of technology entails a greater volume of information every day. Therefore, it sought to reinforce and demonstrate that the current society is founded on the sharing of personal data as an economic asset and the General Data Protection Law (LGPD) which is very important in this context, especially because of the principles contained in this legislation, among them, good faith and transparency. This law came into effect in September 2020, with the exception of Articles 52 to 54, which deal with administrative sanctions, which will come into force in August 2021. This legislation sets parameters on this excessive data sharing, as well as establishing guidelines for governance and inspection of this current 'transit' of personal data, which is the raw material of this 'cloud' society. Furthermore, this law reinforces two fundamental rights that are increasingly important for the management of this new universe governed by data, and mainly informational selfdetermination and the right to data protection, which will be analyzed in the course of this work.