Proteção do segredo comercial e industrial à luz da tutela do direito fundamental à proteção de dados pessoais

Abstract

The study presented here aims to verify whether, using the General Data Protection Law (LGPD), there is a pretext on the part of the agents processing personal data to fail to comply with the legislation, regarding the fulfillment of the requests of the holders, due to the conflict protection of commercial and industrial secrets. In the foreground, principled and dogmatic directions will be drawn on the legislation for the protection of personal data, as well as the Intellectual Property Law, in what disposes of unfair competition to later understand the subdivision of intellectual property. Finally, several examples of the use of Privacy by Design will be highlighted, a method developed to provide data protection to users from conception. To this end, Brazilian doctrine on the subject was researched, in addition to recent cases and decisions, so that it was possible that there is no pretext for carrying out excessive processing of personal data and under the assumption of non-service to the holders of personal data in as a result of the protection, by the LGPD, of commercial and industrial secrets