Democracia hackeada: o uso de dados pessoais em campanhas eleitorais e garantias previstas nos regulamentos gerais de proteção de dados pessoais

Abstract

With technological evolution and the advent of the digital era, the flow of information has grown exponentially, making personal data a valuable commodity. In this context, both companies and governments are looking for ways to exploit this information, whether for commercial purposes or for strategic guidance. On the other hand, the individual, the primary holder of this data, often finds themselves inserted into a complex network where their privacy and identity may be at risk. Thus, increasing global digitalization has transformed personal data into the new currency of exchange, enabling the creation of highly detailed profiles for content targeting. This reality has significant impacts not only in the field of marketing and advertising, but also raises concerns about the spread of misinformation, manipulation of opinions and potential threats to democracy, especially in electoral contexts. At the same time, the issue of the Internet of Things (IoT) arises, which, by expanding the collection of information, reignites debates about privacy and data security. Despite the existence of the General Personal Data Protection Law (LGPD) in Brazil, many are still unaware of the risks associated with the use of their information. This study aims to understand how data protection guarantees influence the Democratic Rule of Law and how they relate to Electoral Law. The aim is to highlight the importance of these guarantees for democratic consolidation and consider their impacts in future electoral contexts. Recommendations of good practices for electoral campaigns based on data protection laws in Brazil and the European Union are proposed. These recommendations are presented not as definitive solutions, but as foundations for the development of regulatory frameworks that harmonize the complexities of the digital environment.