THE RELEVANCE OF THE IMPLEMENTATION OF THE PERSONAL DATA PROTECTION GENERAL LAW IN ACCORDANCE WITH THE TECHNOLOGICAL DEVELOPMENT OF SOCIETY: THE PROTECTION OF PERSONAL DATA AS A FUNDAMENTAL RIGHT

Abstract

This work aims to study the Personal Data Protection General Law (LGPD) in light of the technological development occurring in society, as well as analyze the effectiveness of the LGPD in the life of the individual who has the protection of personal data guaranteed as a fundamental right. Therefore, it will be analyzed whether the LGPD is effective in protecting Human Rights, with a focus on protecting individuals' personal data. The aim is to evaluate how technological advances have significant impacts on legal pluralism, influencing the way laws are conceived, interpreted and applied, their specific implications when inserted in the context of the General Data Protection Law (LGPD) in Brazil. The changes that have occurred in the concept of data over time, will also be addressed, as well as the changes that have occurred with technological growth, the consequent modification of the environment, instruments and forms available for capturing, storing and handling this data. The relevance of this study is supported by the economic value of personal data, as there is currently a need for protection of this information by its owners in order to preserve their privacy and prevent their rights from being violated. The main issue linked to the processing, storage and use of individual data begins when data and information become more accessible every day, being freely available in the digital environment, in which unauthorized collection occurs, as they are collected through various data capture systems and programs, which detect personal habits, identify consumption needs, requiring only a single consultation by the data subject to websites. It was concluded that, with the implementation of the law, it is expected that it will act for the full, protective and legal use of users' personal data in the virtual environment, in order to guarantee, mainly, the protection of personal data, with a focus on fundamental rights to privacy.