Lei geral de proteção de dados e a proteção da informação como forma de preservação da dignidade humana da pessoa idosa

Abstract

This work aims to show the scope of the General Data Protection Law in the context of protecting the fundamental guarantees of the elderly in Brazil, highlighting its characteristics and its main effects. As a methodology, we chose to work with a qualitative approach of an interpretative nature for the theoretical analysis of the sections. The investigation was conducted in the form of a literature review in which the following were consulted: The Federal Constitution, General Data Protection Law (LGPD), Statute of the Elderly, Consumer Protection Code, Doctrines and Jurisprudence, through books, dissertations, monographs, articles studies, judicial decisions, resolutions, etc., to substantiate the proposition that the General Data Protection Law contributes to a better protection of the dignity of the elderly, through the protection of their privacy, intimacy and other fundamental guarantees addressed in ART 5 ° of the Federal Constitution. The following were addressed: The General Data Protection Law, The concept of Information, Data, Sensitive Data, Non-sensitive Data, according to the LGPD. The main aspects of the Law and its contribution to the protection of the dignity of the elderly. The impacts of leaks and data breaches on natural persons and in particular the elderly, the measures adopted by public and private institutions for faithful compliance with the LGPD, as well as the good practices adopted by these institutions. This work also investigated the performance and role of the National Data Protection Authority (ANPD) in order to enforce the LGPD. The present study aims to demonstrate that after the creation of the LGPD, the responsibility of the controller of information was expanded, from the collection, maintenance, protection and disposal of the personal information of the holder of the information, with the ANPD having a strong role to play in order to enforce the legislation. It was found in this research that with the LGPD, the level of commitment was improved, mainly from large institutions, on the custody and protection of data of natural persons, including the elderly. Although there are still points in the legislation that can be improved, it is concluded that the LGPD has significantly contributed to a better protection of the privacy and intimacy of natural persons.