CONSTRUCTIVE ANALYSIS OF THE GENERAL DATA PROTECTION LAW

Abstract

The General Data Protection Law (LGPD) marks a significant advance in the protection of privacy and personal data in Brazil, inspired by the General Data Protection Regulation (GDPR) of the European Union. The LGPD adopts a preventive and comprehensive model, recognizing that personal data has intrinsic value and represents essential aspects of individuals' identities. With an expansive concept of personal data, the law requires clear legal bases for data processing and defines strict hypotheses to justify it. The holder's consent must be informed, explicit and specific, ensuring understanding of the data processing. The LGPD recognizes legitimate interest, subject to a balancing of interests test so as not to infringe the fundamental rights of data subjects. Grants a range of rights to holders, such as access, correction, deletion and portability, promoting transparency and control over personal information. Based on principles such as purpose, necessity, transparency and security, the LGPD implements mechanisms for data protection and requires notification in the event of security incidents. Establishes a strict regime of liability and penalties, ensuring compliance with obligations by processing agents. The LGPD represents a crucial step in the evolution of data protection standards in Brazil, promoting a balanced approach to addressing privacy challenges in the digital era, with the National Data Protection Authority playing an essential role in its effective implementation.