The protection of personal data in the brazilian society informational: the fundamental right to privacy between the self-regulation of enterprises and adjustment protective of the internet

Authors

  • Luiz Ernani Bonesso de Araujo Universidade Federal de Santa Catarina
  • Larissa Nunes Cavalheiro Universidade Federal de Santa Catarina

DOI:

https://doi.org/10.5433/1980-511X.2014v9n1p209

Keywords:

Personal data, Regulation, Self-Regulation, Protection

Abstract

This paper exposes the theme of protection of personal data in the present Brazilian contextthat in his constitution provides privacy as a fundamental right to be protected, however, with regard to personal data included on the Internet, the country still has been based on autoregulation, because in the present there is a draft law for both. Regarding the situation of the informational society Brazilian, who discusses the level of protection of the internet user, ranging from self-regulation - companies - and perspective regulation – Law. Using the comparative method observed both these contexts, as consideration of the information of the internet user, now treated as an input of the lucrative digital market, either as elemental fundamental right to privacy should be protected.

Author Biographies

Luiz Ernani Bonesso de Araujo, Universidade Federal de Santa Catarina

Associate Professor of Law at the Federal University of Santa Maria ( UFSM ) . Coordinator and Professor of the Graduate Program - Master of Law UFSM . Doctor and Master in Law from the Federal University of Santa Catarina ( UFSC) . Leader and Researcher of the Research Group on Law Sociobiodiversity ( GPDS / UFSM ) . Santa Maria , Rio Grande do Sul, Brazil

Larissa Nunes Cavalheiro, Universidade Federal de Santa Catarina

Master's Student Program in Law from the Federal University of Santa Maria ( UFSM ) , area of concentration . Member of the Research Group on Law Sociobiodiversity ( GPDS / UFSM ) . Specialist in Public Law from the School of the Federal Judiciary ( ESMAFE / RS) . Specialist in Environmental Education UFSM .

Published

2014-04-30

How to Cite

de Araujo, L. E. B., & Cavalheiro, L. N. (2014). The protection of personal data in the brazilian society informational: the fundamental right to privacy between the self-regulation of enterprises and adjustment protective of the internet. Revista Do Direito Público, 9(1), 209–226. https://doi.org/10.5433/1980-511X.2014v9n1p209

Issue

Section

Artigos