A hipervulnerabilidade da pessoa idosa sob a perspectiva da proteção de dados pessoais e das fraudes bancárias

Abstract

This paper starts from the notion of a vulnerable person, based on the Federal Constitution, demonstrating that, in consumer relations, the consumer is considered to be the most vulnerable party. In addition, some subjects have conditions that aggravate this inherent vulnerability, reaching what is known as hypervulnerability. In order to make the research feasible, considering the groups of hypervulnerable people, it was decided to deal with the elderly. This choice is justified by the fact that this public has been the target of bank fraud, perpetrated through the use of personal data, which will also be the subject of study. Thus, we move on to understand the dynamics of bank fraud in the virtual environment and what security measures should be adopted to prevent and mitigate these occurrences. In this context, the proposed problem asks whether financial institutions are required to adopt differentiated security measures to protect the personal data of elderly people. To this end, this work uses documentary research, through a mapping of the Brazilian legal system, and a bibliographical review based on civil doctrine, especially authors who are references in the field of consumer law and the protection of personal data. That said, there is an expectation of a positive response to the problem. The conclusion is that the proactive stance expected of financial institutions is legitimate, and it is reasonable for them to adopt differentiated security measures to protect the personal data of elderly people, as a way of preventing and mitigating fraud. If they fail to comply, they will be subject to administrative sanctions and/or strict civil liability, and the focus must be on protecting and seeking redress for the victim, especially the hypervulnerable elderly person.