O projeto de lei de proteção de dados pessoais (PL 5276/2016) no mundo do big data: o fenômeno da dataveillance em relação à utilização de metadados e seu impacto nos direitos humanos

Abstract

The use of metadata by public and private entities is a reality that has arisen from the advances of information technology with the phenomenon of Globalization. When discussing the topic of electronic surveillance, using a phenomenological-hermeneutic and transdisciplinary methodological strategy, this article intends to analyze the impacts of the use of these data on human rights, and the State’s attempt to regulate its use through normative instruments, as the draft law on data protection in Brazil. It’s verified, through the analyzes made, that the phenomenon of surveillance reaches much more than privacy, being a determining factor for the violation of dignity, and a propeller of social segregation, being the current legal instruments of electronic surveillance insufficient for the effective protection of personal data, in the face of the ideas of deterritoriality and desaspaciality associated with the weakening of modern sovereignty. Eventually the originality of this work can be demonstrated by the lack of studies in Brazil about surveillance, and the overcoming of the simplistic idea that this phenomenon only affects privacy, being a determining factor for social segregation and inequality