Utilização de dados pessoais nas redes sociais: uma análise da proteção do consumidor sob a ótica da lei geral de proteção de dados

Abstract

The present work aims to analyze the effects of changes provided by the General Law for the Protection of Personal Data on the clauses of the privacy policies of social networks, considering the effective protection of the consumer. For this, it starts with an exposition of the importance of personal data in the “information age”, analyzing the absence of specific legislation on the topic and the urgency of such legal treatment, given the significant increase in cases of misconduct in the processing of data. In this context, in 2018, outside enacted the General Law for the Protection of Personal Data, which fulfills the purpose of regulate the collection, processing and treatment of data. An analysis of the fundamental bases of the referred Law, as well as of its incidence in the scope of the consumer relations, highlighting consumer vulnerability. The concept of social networks is presented, in order to highlight the existing consumption relationship. Subsequently, some clauses of the privacy policies of the networks are discussed. social. It is defended, from the analysis of such contractual clauses, an initial resistance of social networks to the proper application of the protection provided for by the LGPD, the which results in a consequent absence of effective consumer protection