Sociedade da transparência, redes sociais e lei geral de proteção de dados: uma análise da potencial (in)eficiência do diploma legal na tutela das informações dos usuários.

Abstract

The present work has as general objective to examine the potential efficiency of the General Law for the Protection of Personal Data in guaranteeing the exercise of informative self-determination through the consent of individuals, considering the current paradigm of transparency that resides in modern society and the unrestrained capture and data processing carried out by social networks. To this end, the bibliographic research methodology was used as a means to expand knowledge about the theme, as well as to seek answers to the problematization brought up. The theme in question proves to be pertinent, in view of the contemporary scenario in which 140 million Brazilians have profiles on social networks, while it is common knowledge that they register the actions of their users and the use of the seized data is unknown. With the debates over, despite the finding that the individual assumes an important role in the LGPD, with the former being responsible for participation throughout the data processing process, the study revealed that the said law is not yet capable of carrying out the exercise of informative self-determination, since it is based only on the consent of the holders, which can be easily addicted and manipulated, given the cognitive limitations of the human being and the lack of technical knowledge of the users. Thus, it is concluded that the legislator needs to create other tools capable of reducing the inequality in the relationship between the data owner and controllers and, consequently, promoting the effectiveness of the informational self-determination of social network users. Keywords: Transparency. General Law for the Protection of Personal Data. Data. Informational Self-Determination