Proteção de dados pessoais no contexto da lei geral de proteção de dados: análise da responsabilidade estatal

Abstract

Recognition of personality rights and the attempt to protect data in international law, was expressly guaranteed in Brazilian law with the promulgation of the Federal Constitution of 1988. Consolidating this protection of More specifically, Brazil passed the General Law for the Protection of Personal Data (Law No. 13,709/2018) which provides for the processing of personal data in the digital, by a natural person or by a legal entity governed by public or private law. It can be seen that although the holder's consent form is essential in certain purposes, it is not always required, therefore, it is necessary distinguish between legitimate and abusive practices. In this vein, from the perspective of rights fundamental principles, the limitation of the use of personal data by the LGPD respects the principle the dignity of the human person, especially with regard to the protection of the rights to freedom, privacy and personality intrinsic to the human being. So it's essential that the Public Administration adapts to the LGPD, although the State, in the figures of direct or indirect administration, enjoy differentiated treatment, as a controller of personal data, being assured of certain prerogatives not allowed to private entities