Navegando por Assunto "Direito à privacidade"

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A teoria do esquecimento a partir da vigência da Lei nº 13.709/2018 (LGPD)
(Centro Universitário do Estado do Pará, 2020) Pires, Theo Carlos Flexa Ribeiro; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
This article deals with topics concerning personality rights, specifically the ability of a person to decide whether a voluntary collective data forgetting related to his life would take place, in a reality of storage technology and information access massification through the Internet, working as a fine line between the confrontation of the right to protect our own privacy versus the freedom of speech, the freedom of the press and the free access to information. Initially, it will deal with the historical approach to the right to forget, its characteristics and origins. Then will focus on the consequences of technological advances in law studies and in life control in our society. Based on these criteria, the General Law for the Protection of Personal Data will be introduced, with a synthesis of its characteristics, concepts adopted and epistemological principles, mainly in the most relevant sections to the subject and if it can be considered as an advance for the consolidation of the right to be forgotten in our country. Finally, examples of jurisprudence from the Superior Courts on the subject are presented, giving an insight into their most recent understandings.
Compliance, cultura corporativa ética: uma análise sobre a aplicação da Lei Geral de Proteção de Dados 13.709/18
(Centro Universitário do Estado do Pará, 2020) Silva, Rayane Corrêa da; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912
The recent applicability of the General Data Protection Law LGPD, 13,709 / 2018, creates rules regarding the legitimate interest in the collection, manipulation and treatment of personal data, by companies and public agencies. Justifying, thus, the permissiveness of an Organization that owns the data, in accessing, using and sharing it, provided that fundamental rights such as the privacy of its owners are protected. In this sense, the objective of this work is to demonstrate the importance of the pillars of a Compliance program in the promotion of a Corporate Culture directed to ethics and integrity, cooperating with Organizations that have this inter nal compliance control to conform to the guidelines of the General Law Data Protection Act LGPD. The methodology used was based on a qualitative approach through research bibliographic review, using the deductive dialectical method in compliance with the current legislation related to information technology and privacy policies such as the Marco Civil da Internet and t he European Data Protection Regulation, also based on the Compliance Maturity Survey in Brazil KPMG. In view of the above, it is concluded the importance of Compliance beyond the fulfillment of legal and regulatory barriers, incorporating a strategic sus tainable model to Organizations, which supports their codes of conduct, guides the activities of its members and brings a Corporate Governance focused efficiency, risk management and business security.
Direito ao consentimento do consumidor na LGPD: uma análise a partir da harmonia nas relações de consumo e da função social da empresa
(Centro Universitário do Estado do Pará, 2021) Dias, Ivyna Pinheiro; Dutra, Yasmin Oliveira Gonze; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
This article aims to address the impact of consumer consent on the processing of personal data, based on the General Data Protection Law - Law No. 13.709/2018, analyzed through consumer relations and the principle of the company's social function. The issue to be analyzed refers to the relevance of the principle of balance in consumer relations, given the duty to realize the fundamental rights and guarantees of the consumer, simultaneously with economic, social and technological development in the country, in order to comply with the premise of the function the company's social. Thus, initially, consent is presented as a fundamental right of the consumer, as the first authorizing hypothesis for the processing of personal data. Afterwards, the need to apply the principle of the consumer's right to information is demonstrated, about equity and harmony in consumer relations in the interface of the processing of personal data provided by that law, in view of the significance of economic and social development and technological by the enactment of that law and the Consumer Code. Finally, the objective is to demonstrate the relevance of the principle of the company's social function for the occurrence of a balance between business activity and consumer rights, aiming to reconcile the highlighted principle with collective well-being and social legal protection, from of profitable production in business societies or entrepreneurs.
Implementação da LGPD na área da saúde: impactos e desafios
(Centro Universitário do Estado do Pará, 2023) Pantoja, Augusto Vinicius Moraes; Melo, Paulo Vitor Barra; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912
This study analyzes the impacts and challenges of implementing the General Data Protection Law (LGPD) in healthcare in Brazil, through a literature review on the subject. The theoretical framework addresses the principles, fundamentals and rights guaranteed by LGPD, in addition to specific requirements for health insurance plans and the management of sensitive data. The analysis reveals difficulties such as investments in technology, cultural changes and data complexity. The conclusions bring recommendations for adequacy to LGPD in the health sector, highlighting opportunities such as innovation, transparency and trust. The study contributes to the understanding of regulatory and practical challenges of data protection in healthcare.
O direito de ficar off-line: uma análise sob a ótica de garantia constitucional à privacidade e a Lei Geral de Proteção de Dados – LGPD
(Centro Universitário do Estado do Pará, 2021) Lemos, Arthur Clementino Costa de; Cunha, Neila Lorrane Sousa da; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912
The possibility of going “offline” is getting farther every day, as today the world revolves around data collection. The objective of this work is to show the new parameters of privacy of individuals in this "new" type of capitalism, focused on the data subject, in order to give back to them the power of choice and the option to control their data in a transparent way and give the power to the holder to choose which data he/she finds interesting to share and how it will be used. This work also raises an analysis of the historical context of the Right to Privacy and the General Data Protection Regulation for the creation of the General Data Protection Law. In this work, a bibliographic research was carried out regarding the new privacy and how it changes the way in which data collection should be viewed in accordance with the LGPD. At the end, the work will show alternatives on how society can control its data without having to go "offline", and emphasizing that the LGPD is the fundamental tool in the defense of the holder, which guarantees the control and autonomy of the individual in relation to the your data.