Vigilância algorítmica: a datificação da personalidade e sua proteção legislativa

Abstract

The social consequences of communications and information innovation have led society to the current scenario of hyperconnection, and consequently, with excessive flow of data, individuals have been subjected to a process of digitizing their personal information. This datafication of personality is due to the impact of new technologies due to excessive exposure to the internet, and can cause individual risks with regard to very personal and public rights, when it comes to the development of democracy based on the impact on standards of consumption of products, services and information. Social movements consequently block a legal look at new technological themes, so that it contributes to existing discussions, seeking to add knowledge to studies already modified in the area, and understand how surveillance and its discrimination promoted by algorithms on users takes place. the internet and smart technologies. This study, then, aimed to investigate whether the legislation in force in Brazil would be capable of protecting the very personal rights of these users in the face of all the obscurity of algorithmic action. For this, research methods were used with qualitative-exploratory analysis starting from the privacy concepts of Rodotà and Doneda, and the datafication of the personality of Mayer-Schoenberger and Cukier, going through readings of a broad biography of Digital and technological Law, and a investigation into the efficiency of Brazilian regulatory legislation on the subject. Initially, hypotheses were raised that, i) there would be legislative blind spots regarding the regulation of algorithms in surveillance issues and, that ii) having a regulatory framework, there would be difficulties in applying and supervising regulations. The conclusion of this work is that there are no current regulations in the Brazilian system that are capable of outlining surveillance and algorithmic discrimination, and it is necessary to think about them despite all the complexity involved.