A (des)proteção de dados pessoais de crianças e adolescentes nas redes sociais frente ao princípio do melhor interesse do menor: uma análise sob a perspectiva da lei geral de proteção de dados pessoais

Abstract

This research aims to analyze the legal treatment given by the General Law of Personal Data Protection (Law No. 13,709/2018) to data of children and adolescents in the digital environment, especially in social networks, considering the Protection of Personal Data as a fundamental right enshrined in art. 5, LLXXIX, of the Federal Constitution. To this end, the work addresses the evolution of privacy and the important central role of personal data in the information society and its increasing processing in the digital environment as a result of technological advances. Moreover, the article 14 of LGPD will be analyzed and its relevance to the treatment of personal data of children and adolescents, from the perspective of the principle of the best interest of the child. The study was developed from the inductive method and bibliographical research, conducted through books, legal articles, international documents, legislation and case law, with the main objective of investigating the performance of the General Law of Protection of Personal Data regarding the protection of children and adolescents, evaluating the applicability of the law and the challenges imposed by its non-compliance by social networking platforms against the full protection of children’s.