The insufficient protection of personal data in Brazil

Abstract

Right to privacy is a fundamental right, recognized as such by international human rights law and by most of national legal orders. From late 19th century, when it was first outlined, to the present days, technology and informatics innovation multiplied the forms by which this right can be violated, including in relationships between privates. One of such forms is violation and publication of one’s personal data. In response, since the 70’s, American and European laws, courts and doctrine began to modernize and further develop the right to privacy notion, arising then the right to informational self-determination. Even though constitutionally protecting the right to privacy and to personal data confidentiality, and possessing data protection clauses on its consumer law, Brazil has a lot to do on a theoric, legislative and case law level for the protection of personal data of its citizens to become effective. In this regard, enacting a Brazilian personal data protection law proves to be essential in order to fulfill existing gaps and ensure its citizens a proper level of protection for it personal data.