A coleta de dados pessoais sensíveis pela Meta: o conflito entre a inovação e a privacidade

Abstract

The unrestrained use of sensitive personal data by Meta poses a significant social and legal dilemma in the era of information. The collection and processing of personal data by the company reveal a market that generates billions of dollars annually but also involves a breach of several fundamental rights that should be guaranteed to users. The Terms of Service and Privacy Policies based on the "Take it or Leave it" model, implemented in the WhatsApp application in 2021 for Brazilian users, introduced the possibility of data sharing among other apps within the group, such as Instagram and Facebook. However, this occurs without proper explanation of the purpose, highlighting a disregard for the right to information, transparency, and privacy, linked here to informational self-determination. Therefore, this study seeks to analyze data protection laws in Brazil and the potential infringement of individuals' right to privacy through the processing of sensitive personal data on Meta's social networks, aiming to emphasize the problems arising from this practice. Besides failing to ensure the protection of private life, it may lead to discriminatory treatments. In this context, the conclusions suggest that the ownership and handling of personal data should rest strictly with the data subject, considering that these are an extension of the person and linked to the right to personality. Therefore, the responsibility to ensure their effective protection should be assigned to the State.