The protection of sensitive data in the Brazilian legal system

Authors

  • Graziela Harff
  • Marcelo Schenk Duque

Keywords:

Brazilian General Data Protection Act, Horizontal effect of fundamental rights, Data protection, Sensitive data, Consent

Abstract

The protection of personal data in Brazil achieved a relevant recognition through the enactment of the Brazilian General Data Protection Act (Act n. 13,709/2018). Due to an ever-increasing collection of data, mainly through the internet, there have also been concerns about the nature of the data collected, given that not only generic personal data are collected, but also data those related to the private sphere, such as ethnicity, political belief, health, among other sensitive information. Therefore, the Act establishes mechanisms of special protection to these sorts of data. It is however necessary to conduct a substantial analysis on this subject, in the sense of examining how such category of data shall be employed. This paper is based on the hypothetic- deductive method, as well as literature review.

   

Author Biographies

Graziela Harff

 

 

Marcelo Schenk Duque

 

 

Published

2022-03-27

Issue

Section

Doutrina Nacional