A análise do instituto do consentimento frente à Lei Geral de Proteção de Dados do Brasil (Lei nº 13.709/18)

Abstract

The intense presence of cybernetic technologies in the daily lives of the population is a notable aspect of contemporary society. The wide availability of information about individuals, widespread with the popularization of the internet, has generated debates about privacy, its relevance, and its limits, as networks have created an environment conducive to direct interference in the individual's personality. With the aim of guaranteeing effective protection, both at the individual and collective levels, the right to data protection is an autonomous fundamental right and an aspect related to the right to privacy, but it does not adequately cover situations resulting from technological advances. In this context, there is a need to regulate the processing of such data, and it is possible for this regulation to be exercised by the individual himself, among other ways, by granting or refusing his consent. From this perspective, the importance of consent in the protection of personal data is analyzed in the light of informative self-determination as a fundamental element to validate data processing.