A proteção dos dados pessoais do consumidor frente à prática de publicidade direcionada baseada no legítimo interesse

Abstract

The present work analyzes whether targeted advertising from the treatment of consumer's personal data, based on legitimate interest, is in line with with protective legislation; whether, in that context, the legitimate interest can be used to the detriment of consent; whether this practice can be understood as abusive under the Consumer Defense Code; as well as whether good faith can be conceived as a way to exempt agents from processing personal data of possible liability. In the first chapter, it is contextualized and conceptualized the fundamental right to the protection of personal data, establishing its relationship with other fundamental rights, such as freedom, privacy and intimacy, as well as how personal data and processing are defined. In the second chapter, it is conceptualized the legitimate interest and contextualized the way it has been understood, highlighting the imprecision inherent to this institute and the difficulties that this implies. In the third and final chapter, the problems initially listed are faced, that encompass the analysis of both the fundamental right to the protection of personal data and legitimate interest, from the perspective of targeted advertising in the face of of the consumer, and permeates, mainly, the analysis of the principles of information and good faith and abusive practices provided for in the Consumer Protection Code in parallel to the normative foundations and provisions contained in the General Protection Law of Data