A proteção de dados no ensino-aprendizagem de crianças e adolescentes: a utilização de TIC em regime especial de atividades não presenciais nas escolas estaduais de Minas Gerais

Abstract

In 2000, the Charter of Fundamental Rights of the European Union, in Article 8, recognized the right to the protection of personal data as a new and autonomous fundamental right, in addition to establishing criteria for data processing. In Brazil, we have specific normative legislation on this subject, entitled the General Law for the Protection of Personal Data (LGPD). In this scenario, the present work aimed to analyze the use of technological tools under the bias of the guarantee of data protection of children and adolescents during the non-face-to-face study regime instituted in the year 2020 in the state schools of Minas Gerais, as a measure of confrontation and contingency for COVID-19. For this purpose, the development context of the era in which the use of technological tools was developed and intensified was analyzed first; the concept of technique in the universe of globalized competition from a Heideggerian perspective; how basic education is inserted in a neoliberal context; the convergence of data collection and manipulation in an educational context and the pillars of surveillance capitalism in relation to the impact of instrumental power on the teaching-learning process. Secondly, the terms of use and privacy policy of the “Conexão Escola 2.0” application were analyzed based on the General Data Protection Law through the analysis of the appropriate language for information about data processing, adequacy to the principle of best interest of children and adolescents and limitation of data processing to the minimum necessary to carry out the specific purpose, precepts included in the legal device in question.