Monografia (especialização)
Lei geral de proteção de dados pessoais: proteção e compartilhamento de dados na área da saúde
Fecha
2021-08-26Autor
Fábio Câmara do Amaral
Institución
Resumen
Law No. 13,719 / 2018 is a new milestone for the protection of personal data, the law
applies to all companies regardless of the industry in which they operate, both for private and
public companies. The law provides for the protection of personal data and was known by the
acronym LGPD, that is, the General Law for the Protection of Personal Data, was enacted by
the then President of the Republic Michel Temer on August 14, 2018, however, it only came
into force on September 18, 2020, but administrative sanctions will only take effect August
2021. The law seeks a balance between the use of personal data and the protection of privacy.
The LGPD provides for the processing of personal data by a natural person or a legal person
under public or private law, protecting both physical and digital data. The impact of the new
legislation in the area of health is great, health data are considered by the law as sensitive data,
the law confers different obligations on these data and, consequently, greater protection of these
data. Sensitive data can generate risks to fundamental rights and freedoms and for this reason
the law treats them more rigorously. Thus, this paper presents a debate on data protection in the
health area, and its main objective is to debate the need for protect personal data in the hospital
environment, pointing out the difficulties in adapting to the new legislation. Thus, the work is
structured based on the following question as a problem: Can the health sector share patient
data? The development of the article is based on the qualitative research technique of
exploratory character and bibliographic survey.