MONETIZATION OF PERSONAL DATA: THE RIGHT TO IMAGE AND THE RIGHT TO COMPENSATION IN CASE OF VIOLATION

Abstract

This study addresses the monetization of personal data and the possibility of harm to the right to image and the perception of values ​​on the monetization of this data, observing the impacts on the General Law for the Protection of Personal Data and the Federal Constitution of 1988. The objective is to analyze the right to image and the right to perceive values ​​resulting from data monetization in light of the provisions set out in the General Personal Data Protection Law. As for the methodology, the method is deductive, with a bibliographic, documentary and exploratory data collection technique, using content already available by other researchers. Regarding the results achieved, the Superior Court of Justice stipulated that the duty to compensate must be reinforced by the evidence presented in court. Furthermore, according to the court's understanding, data leakage alone is not a predominant factor for characterizing the presumed moral damage. The conclusion of the study is that the agent causing the damage, who harms the image, privacy or personality rights of others, through the improper provision of personal data to third parties, without the authorization of the data subject, may be held civilly, administratively liable and in the criminal sphere.