Cidade "inteligente" (smart city): entre o direito urbanístico e a proteção dos dados pessoais

Abstract

The deployment of smart city technology in foreign cities is promoting the collection and processing of personal data on a large scale. This caused a global concern about the risks of violating rights and guarantees of personal data protection systems in the urban environment. Some Brazilian cities are in the initial phase of using the smart city, which shows the urgency of legal studies about the data protection in this environment. Therefore, the problem of this work is to investigate the peculiarities of data protection in the implementation of a smart city technology in the city, identifying challenges and present measures to deal with these issues in Brazil. For that, the legal-dogmatic and legal-theoretical methods were used, The work was divided into three parts. National and foreign legal and technological materials were consulted, especially from the European Union, the United Kingdom and the USA, as well as projects, guidelines, guides and plans from foreign public entities. In response to the research problem, the main peculiarities found were: the absence of legal, jurisprudential and guidance on the data protection in smart cities, and needs to adapt the Brazilian personal data protection system; the international conflicts on personal data protection and privacy rights, making it difficult to implement foreign technology in the city; the technological limitation to ensure security, rights and civil liberties; bulk surveillance of citizens' lives by the government or private companies. The main protective measures found were: the imposition of Privacy By Design from the conception of the ICT product or service; the creation of specific rules for the use of sensitive personal data in the digital environment; the promotion of creative programs about the protection of personal data; the DPO’s organization structure to supervise and guide the Public Authorities; the municipal plan for the implementation of smart city technology in the urban environment, containing data protection impact assessment and the participation of all components of society; the creation of a contractual model for foreign companies that guarantees compliance with the Brazilian personal data protection system in the urban environment.