THE RIGHT TO DATA PROTECTION VERSUS “SECURITY”

CONTRADICTIONS OF THE RIGHTS-DISCOURSE IN THE BRAZILIAN GENERAL PERSONAL DATA PROTECTION ACT (LGPD)

Authors

  • Marcos Vinicius Viana da Silva UNIVALI (Itajaí & Balneário Camboriú). School for Legal and Legal Sciences.
  • Erick da Luz Scherf
  • Jose Everton da Silva UNIVALI - School for Legal and Social Sciences. Dean of the School for Legal and Social Sciences of UNIVALI.

DOI:

https://doi.org/10.20912/rdc.v15i36.18

Keywords:

Data Privacy, Human Rights, Digital Age, Security

Abstract

The protection of personal data in the cyberspace has been an issue of concern for quite some time. However, with the revolutions in information technology, big data and the internet of things, data privacy protection has become paramount in an era of free information flows. Considering this context, this research intends to shine a light on the experience of Brazil regarding data privacy protection, through the analysis of a brand new bill passed by Congress: the Brazilian General Personal Data Protection Act. Our assessment of the legislation was made from the perspective of a human rights-based approach to data, aiming to analyze both advancements, limitations and contradictions of the rights-discourse in the LGPD. Our main conclusions were that the (public and national) security rhetoric, also present in the bill, can create a state of exception regarding the processing of personal data of those considered “enemies of the state”, which may result in violations of fundamental rights and procedural guarantees.

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Author Biographies

Marcos Vinicius Viana da Silva, UNIVALI (Itajaí & Balneário Camboriú). School for Legal and Legal Sciences.

Post-Doctorate Fellow at the University of Passo Fundo (UPF). Juris Doctor (J.D) in Law at the University of Alicante. PhD, M.A, and B.A in Law from UNIVALI.

Erick da Luz Scherf

PGDip (Candidate) in Applied International Law at EBRADI (Brazilian School of Law).

B.A in International Relations from UNIVALI - Itajaí Campus, at the School for Legal and Legal Sciences.

Jose Everton da Silva, UNIVALI - School for Legal and Social Sciences. Dean of the School for Legal and Social Sciences of UNIVALI.

Bachelor of Law from the Federal University of Santa Maria (1992), Master in Regional Development from the Fundação Universidade Regional de Blumenau (2002) and Doctorate in Legal Science from the UNIVALI (2016). Post Doctorate from the University of Passo Fundo (UPF). Professor of the Master's / Doctorate program in Legal Sciences at UNIVALI. He currently holds the position of Director of the School of Legal and Social Sciences at UNIVALI.

Published

2020-04-27

How to Cite

Viana da Silva, M. V. ., da Luz Scherf, E., & da Silva, J. E. (2020). THE RIGHT TO DATA PROTECTION VERSUS “SECURITY”: CONTRADICTIONS OF THE RIGHTS-DISCOURSE IN THE BRAZILIAN GENERAL PERSONAL DATA PROTECTION ACT (LGPD). Revista Direitos Culturais, 15(36), 209-232. https://doi.org/10.20912/rdc.v15i36.18

Issue

Vol. 15 No. 36 (2020)

Section

Artigos