Autogerenciamento da privacidade no acesso às redes digitais e o uso da base legal do consentimento: comportamento dos usuários e a proteção legal dos dados pessoais e da privacidade

Abstract

In general, the user does not have the means to know all the information generated by their interactions, nor to be sure that their data is safe, since the technical complexity involved in the technology in the connected devices. With that, the discussion focuses on the impossibility of full self-management by the holders of the processing of personal data on digital platforms in view of the technological architecture involved. This technological complexity limits the right to information and the observance of the principle of transparency, preventing, in a way, the understanding about the risks associated with the processing of data by the devices. It is necessary that the holder exercise his right to privacy, understood in a broad and conjunctural way of the dignity of the human person, involving the autonomy and freedom of the human being to build his own personal sphere. Even so, there is a growing availability of personal data in view of the functionalities available in digital networks and, such a scenario, in addition to the profiling and modulation of society, which can weaken democratic acts, results in the dilemma between behavior and the effective protection of privacy, which is the object of this work. The use of consent in the digital platforms, as provided in the LGPD, for processing data cannot, in this context, be considered adequate and sufficient, when observing the informational limitations of the users themselves, considering the fundamental guarantees provided for in the national legal system, mainly that of transparency and information security. It is necessary, through regulation focused on the transparency principle by the user and awareness, to seek ways to reach a common denominator between technological development and the rules for the protection of personal data, which, at present, focuses on the need for a cultural change about privacy and also the management of risks involved in the processing of personal data in an online structure.