RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO INFORMATIONAL SELFDETERMINATION: THE BRAZILIAN SCENARIO AFTER APPROVAL OF LAW No. 13.709 / 18

Abstract

This research presents an analysis of Law 13.709, dated August 14th, 2018, which provides
protection of personal data and amends the Brazilian Civil Rights Framework for the Internet. The
General Data Protection Law is analyzed from the legal frameworks that served as the basis for its
positivation, including the influence exercised by the General Data Protection Regulation, the
European Union´s law about personal data privacy. In the Information Society, the interest of both
governments and private initiative in the collection and processing of personal data is intensified, so
that there is often interference in the personal rights of the people involved in the process. Among
other reasons, for economic interests or for reasons of State. The present study aims to study the
right to informational self-determination, as one of the foundations of the General Data Protection
Law, as well as to analyze the institute of free, unequivocal, informed and purposeful consent by the
holder of personal data as essential to realization and effectiveness of the right to self-determination
and personal rights, including the protection of sensitive personal data.