A privacidade no horizonte da técnica: investigações a partir da relação do sujeito de direito com seus dados pessoais e sua tutela por meio do direito à explicação de decisões automatizadas

Abstract

This thesis offers phenomenological and epistemological bases for the application of the right to explanation of decisions based on automated processing of personal data as an aspect or concretization of the right to privacy. The meaning of the right to explanation depends on a reconstruction of the notion of privacy, and the validity of this right to explanation, as defended in the thesis, does not depend on formal legislative provision. One dimension of privacy is correlated with the affirmation of the individual's personality (subject of rights) and can be understood based on the identity-narrative content of this affirmation, as self-responsibility for one's self. In addition to the right to local explanation, explicitly and formally provided for in legislation, such as the Brazilian one, which means the right of a holder of personal data used in the “automated decision” to question the criteria and procedures used to decide on their specific case, the thesis defends the inseparable validity of a right to global explanation, relating to the premises and procedures inserted in a decision-making model that guide any result of the model according to the interaction of the data subject with the decision-making system. It proposes conditions and criteria for satisfying the right to explanation, based on the notions of explanatory structural presuppositions and reasonable distance from the truth or objective of communication, originating from the philosophy of information.