O regime jurídico do direito fundamental à proteção de dados: uma análise da tutela dos dados sensíveis na construção legislativa brasileira

Abstract

The comprehension of the protection of personal data as an autonomous fundamental right in relation to privacy demands the prediction of its own legal framework, which does not exist in Brazil yet, what leads to various legislative initiatives with this scope. This article examines the consonance of the Bills 4060 of 2012 and 5276 of 2016, which are dealt jointly by the Lower House of the National Congress of Brazil, with an adequate legal framework for the circulation of information, particularly with regard to sensitive personal data, insofar as it is considered to be linked to the promotion of the Principle of Human Dignity and, therefore, with its aspect of substantial liberty for the construction of the personality in technologically advanced societies. The main conclusion is that Bill 5276 of 2016 establishes a more dense regulation of specific rights and principles for the protection of sensitive data, as well as control mechanisms, in a way to ensure effective protection of data, although some institutes deserve consideration, especially with regard to the normative concept of sensitive data. The theme demands the development of research and debates, including in other areas of knowledge, in order to promote a legal framework capable of directing the technological scenario, especially regarding data protection, for the implementation of the Principle of Human Dignity.