A proteção de dados pessoais do consumidor no ciberespaço à luz da Teoria da Confiança: um diálogo entre o Código de Defesa do Consumidor e a Lei Geral de Proteção de Dados Pessoais

Abstract

The object is the study of data protection from the perspective of trust theory. The general objective is to present a guardianship of personal data based on the theory of trust, especially with regard to the interpretation of data processing contracts, as well as the possibility of accountability due to frustration of the legitimate expectations of the holder in cases of data leakage and deviation of the purpose of the processing of personal information. The research is divided into four sections: the first presents the conjuncture of the technological society, its risks and effects to consumers. The second investigates the evolution of the data protection field, going through generations, normative milestones until the consolidation of the matter as Fundamental Law in the Brazilian legal system. As well as he dedicates himself to presenting the theory of trust, demonstrating its development by Private Law. The third section seeks to bring the perspective of the protection of personal data based on the theory of trust, seeking to expand new interpretations beneficial to the vulnerable user, especially in the valorization of information rights, transparency and accountability. The fourth seeks to point out ways of positive guardianship of trust. In this sense, the malicious devices used by the platforms to manipulate the fides of the vulnerable and possible antidotes to resolve such asymmetries are presented. In addition, it is understood that for the establishment of these duties of conduct, the qualified performance of the National Personal Data Protection Authority is indispensable, pointing out the need to edit a National Data Protection Policy for a dialogue between ecommerce actors, as well as between consumer protection agencies and institutions.