LEI DE PROTEÇO DE DADOS Nº 13.709/2018: LGPD E O DIREITO À€ PRIVACIDADE NA ERA INFORMACIONAL

Abstract

THE PRESENTE RESEARCH SEEKS TO ANALYZE THE TECHNOLOGICAL ADVANCE OVER THE YEARS IN CONSONANCE WITH THE INDIVIDUAL�€™S RIGHT TO PRIVACY. IT SEEKS TO ANSWER THE FOLLOWING QUESTIONS: WHAT DOES THE BRAZILIAN LEGISLATION SAY ABOUT THE RIGHT TO PRIVACY? WHAT IS THE CORRELATION BETWEEN THE RIGHT TO PRIVACY AND THE PROTECTION OF THE INDIVIDUAL'S DATA? WHAT RIGHT DOES THE INDIVIDUAL HAVE WITHIN THE DATA PROTECTION LAW? THE OBJECTIVE IS TO ANALYZE THE EFFECTIVENESS OF THE LAW, HIGHLIGHTING THE TREATMENT OF SENSITIVE AND NON- SENSITIVE DATA OF INDIVIDUALS, ALSO ADDRESSING THE DATA OF CHILDREN AND ADOLESCENTS IN THE PERIOD OF THE SARC-COV-2 PANDEMIC. THE PRESENT ARTICLE IS A DESCRIPTIVE RESEARCH, ADOPTING THE METHODOLOGY OF BIBLIOGRAPHIC AND DOCUMENTAL RESEARCH WITH A DESCRIPTIVE LINE, WITH EXPLORATORY OBJECTIVES. IN THE FIRST TOPIC, A HISTORICAL OVERVIEW WAS MADE THAT ALLOWS THE READER TO UNDERSTAND THE EMERGENCE OF THE NOMENCLATURE "RIGHT TO PRIVACY" AND ITS ADAPTATIONS DURING THE COURSE OF TECHNOLOGICAL EVOLUTION. IN THE SECOND TOPIC, WE SOUGHT TO CORRELATE THE RIGHT TO PRIVACY DEFINED AS A FUNDAMENTAL RIGHT IN RELATION TO THE PROTECTION OF DATA WITHIN THE INFORMATION TECHNOLOGY SPHERE. AND FINALLY,  IN THE THIRD TOPIC A PENETRATING APPROACH WAS MADE TO THE GENERAL LAW OF DATA PROTECTION DEALING WITH THE TREATMENT OF DATA, AS WELL AS THE RIGHTS OF INDIVIDUALS; THOSE RESPONSIBLE FOR THIS TREATMENT AND THEIR RESPONSIBILITIES; THE TREATMENT OF CHILDREN'S AND ADOLESCENTS' DATA AND A SUBTOPIC ON THE ADVANCES IN THE FACE OF LGPD. AS A RESULT, THE RESEARCH BROUGHT THE RIGHTS OF INDIVIDUALS WITHIN THE TECHNOLOGICAL ENVIRONMENT AS WELL AS THE DUTIES INHERENT TO THOSE RESPONSIBLE FOR THE INDIVIDUAL'S DATA.