A privacidade em extinção? Limites legais e os reflexos da coleta indiscriminada de dados nos direitos da personalidade da pessoa natural

Abstract

The present study aims to analyze the impact of the migration of personal interactions to the virtual world on the protection of the fundamental right to privacy. The aim is to understand how the right to privacy should be interpreted and applied in the digital environment, aiming to mitigate the risks arising from disruptive technologies. With the increasing virtualization of human experiences, constant surveillance and transparency in internet applications have weakened users’ right to privacy. The massive collection of personal data and the transformation of this information into predictive models raise questions about the protection of subjects’ identity and private sphere. Based on these premises, it is necessary to understand the role of constitutional law in this virtualization of human life and how fundamental guarantees can be used to avoid abuses and ensure that the dignity of subjects is guaranteed. The general objective of this study aims to understand how the fundamental right to privacy should be interpreted and applied in the virtual environment, thus aiming to mitigate the risks and damages arising from disruptive technologies. The central problem was raised as to whether the collection and commercialization of personal data, in what is conventionally called surveillance capitalism, is compatible with the national order and its constitutional values, notably its mother foundation, dignity of the human person. The suggested hypothesis was based on the premise that this economic model, in which there is an objectification of natural persons and in which consent has a protocol nature, consists of a practice that goes against all the civilizing advances resulting from the movement to value the individual and the election of human dignity as a fundamental value of the order. To answer such questions, we used the deductive method for the textual composition of this work through a literature review, especially on texts that deal with the right to privacy, personality rights and constitutional law, combined with the analysis of constitutional and infraconstitutional legislation about the subject. In the end, it is concluded that this “new” model of capitalism is not only morally reprehensible but also in disagreement with the values and foundations of the Brazilian legal system, notably human dignity (art. 1, III, of CF/88) representing dangers for users, their individual freedoms and even the democratic system.