RIGHT TO DATA PROTECTION
TRACK RECORD AND ESTABLISHING OF RECOGNITION AS A AUTONOMOUS FUNDAMENTAL RIGHT IN BRAZIL
DOI:
https://doi.org/10.12957/rfd.2024.67486Keywords:
Personal Data Protection, Fundamental Right, Internet. Civil Mark, General Data Protection LawAbstract
The study, by empirical and deductive method, is about the discussion that took place in all legislative spheres regarding the scope of the protection of personal data to the condition of a constitucionally protected fundamental right and the resulting effects with regard to interfacial regulation in the context of the internet. The research goes through the Evolution of the legal system about the internet, addressing the emergence of the Civil Mark, as well as the General Data Protection Law, showing up as advances until little unimaginable and of great value in the regulatory issue. It also treated about the EC 115/2022, highlithting its nuances and the searches in relation to previous legislation as a way of giving life to the protection of personal data, then going on to discuss the existing differentiation between the right to privacy and data protection data, including case studies on possible indmnities regarding the leakage of such data and, finally, leading to the discussion wheter the insertion of the protection of personal data was in fact a new fundamental right or just a reproduction of an already existing right, moment it ended that a new comprehensive and secure protection for all spheres of the individual’s personality was introduced.
Keywords: Personal Data Protection. Fundamental Right. Internet. Civil Mark. General Data Protection Law.
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