Dados pessoais sensíveis relacionados à saúde: estudo de casos sobre a divulgação de lista nominal de vacinados no Brasil, em contexto de emergência de saúde pública, decorrente da Covid-19

Abstract

The study is based on the finding of divergent actions, grounds and treatment in the dissemination of Covid-19 vaccination by the national public authorities. The relevance of the study is justified by the impact of the wide access to published vaccination data. Based on an exploratory research on the construction of the fundamental right to data protection and the General Law for the Protection of Personal Data (LGPD), in addition to the case study of vaccine disclosures, the hypothesis confirmed is the inadequacy of disclosing personal vaccination data. As a theoretical reference, Stefano Rodotà understands that the individual has the right to maintain control over his own data and information. After discussing the localized data, rival hypotheses are confronted. It was concluded that the disclosure of sensitive personal data on vaccination is incompatible with the protection of personal data and its national regulations, considering that there are disclosures that go beyond the minimum necessary.