Lei geral de proteção de dados pessoais: proteção e compartilhamento de dados na área da saúde

Abstract

Law No. 13,719 / 2018 is a new milestone for the protection of personal data, the law applies to all companies regardless of the industry in which they operate, both for private and public companies. The law provides for the protection of personal data and was known by the acronym LGPD, that is, the General Law for the Protection of Personal Data, was enacted by the then President of the Republic Michel Temer on August 14, 2018, however, it only came into force on September 18, 2020, but administrative sanctions will only take effect August 2021. The law seeks a balance between the use of personal data and the protection of privacy. The LGPD provides for the processing of personal data by a natural person or a legal person under public or private law, protecting both physical and digital data. The impact of the new legislation in the area of health is great, health data are considered by the law as sensitive data, the law confers different obligations on these data and, consequently, greater protection of these data. Sensitive data can generate risks to fundamental rights and freedoms and for this reason the law treats them more rigorously. Thus, this paper presents a debate on data protection in the health area, and its main objective is to debate the need for protect personal data in the hospital environment, pointing out the difficulties in adapting to the new legislation. Thus, the work is structured based on the following question as a problem: Can the health sector share patient data? The development of the article is based on the qualitative research technique of exploratory character and bibliographic survey.