A lei geral de proteção de dados pessoais – nível de adequação nas operadoras de planos de assistência à Saúde no Estado do Ceará

Abstract

With the publication of the General Data Protection Law in August 2018, Brazil began to solidify the protection and privacy of personal data, since before there were specific laws aimed at intimacy and privacy, such as the Civil Code, Defense Code of the Consumer, Marco Civil da Internet and the Federal Constitution itself. Thus, it has become an issue that is leading legal entities to adapt to the obligations of the Law, at the same time that it empowers the holder of the personal data to demand greater protection and privacy of a valuable asset that is their personal data. . In this context, this work aims to investigate the level of compliance with the obligations of Law 13.709 / 2018 (LGPD) in the operators of private health care plans in the medical-hospital segmentation located in the State of Ceará. A descriptive research was used, with a qualitative and quantitative approach, using the survey as a research strategy, with the support of bibliographic and documentary research. We chose to study the health care plan operators located in the State of Ceará, seeking to identify with their administrators responding to the applied questionnaire and documents the information necessary to fulfill the objectives that this work proposes. With the research carried out, the study revealed that the operators of private health care plans investigated are seeking to meet the obligations of the LGPD presenting a level of adequacy ranging from 30.92% to 73.03%, according to the results obtained through the analyzes and the model used to measure the proposed level of adequacy. The results also showed that the estimated financial investment for most of the urveyed operators is comprised in up to R $ 300 thousand, that the most used labor is the internal one and that the option for the type of hiring of the person in charge, for those who already fulfilled this obligation, it was to appoint a career employee, hire a person for the position or hire a legal person to perform the function. Keywords: Personal data. Data protection and privacy. Operators of private health care plans.