Os Limites do consentimento na proteção de dados pessoais de consumo

Abstract

Advances in information technology have transformed the consumer relationship. Before centered on the figures of the consumer and the supplier in direct action, whether in the purchase of a product or in the contracting of a service, this relationship had its agents reconfigured by the market structure of the economy of personal data. With your personal information, the final recipient becomes the raw material, since the collection, processing and use of personal data drive the advertising market and, consequently, consumer harassment. Relational asymmetry, expressed in the vulnerabilities observed in this context, alters the meaning of consent. Although it is not the only authorized basis for the processing of personal data, consent is subject to limitations, which prompts the search for effective consumer protection in this context. his research has two well-defined parts: one is aimed at diagnosing the consumption relationship of personal data, analyzing from objective aspects of data processing itself to consumer rights, especially the recognition of vulnerability(s), the multiformity of the concept of privacy, autonomy of will, protection of personal data as a fundamental right and freedom; the other examines, in light of the dialogue between the sources - the Consumer Defense Code and the General Law for the Protection of Personal Data -, the responsibility for the misuse of data and, given the characterization of the state of damage, the preventive protection by through sharing political authority. Emphasis is given to empowerment, sometimes mediating and sometimes punitive actions of the State and the formulation of a governance policy by suppliers, especially in compliance with compliance, privacy by design and accountability. It appears that the legislation establishes a solidary environment for a network architecture with technological and regulatory strategies whose central element is privacy.