ANALYSIS OF ETHICAL AND LEGAL ISSUES AROUND DIGITAL PRIVACY

Abstract

The General Data Protection Law (LGPD), established by Law No. 13,709/2018, appears in a context where personal data has become the new currency in the market. The LGPD aims to protect the rights of data holders, addressing issues such as portability, correction and deletion of personal information, and ensuring transparency and security in the collection and use of this data. The application of the law is broad, covering both public and private entities and affecting data collected in Brazil or intended for Brazilian individuals. However, the LGPD does not apply to treatments carried out for exclusively personal, journalistic, artistic or public security purposes. The implementation of the LGPD faces challenges, especially considering globalization and the intense flow of international data, which highlights the need for a collaborative approach and similar regulations at a global level. The legislation seeks to align with the European Union's General Data Protection Regulation (GDPR), although the Brazilian version is more flexible in some aspects. The LGPD establishes fundamental principles, such as purpose, necessity and security, that guide the protection of personal data and aim to reduce harmful practices. The law also provides penalties for violators, including significant fines, and highlights the importance of adequate corporate governance to ensure compliance. In short, the LGPD represents a significant advance in data protection, requiring rapid adaptation by organizations and promoting discussion about privacy and ethics in the treatment of personal information.