A Lei Geral de Proteção de Dados (LGPD) e o Visual Law : análise da união do direito e do design como método de validade do consentimento

Abstract

Law nº 13.709 - better known as the General Data Protection Law (LGPD) -, enacted on August 14, 2018 and in force after 2 years from this date, brings the institute of consent as one of its main legal bases. Despite the historical context that gave rise to the LGPD and the legal basis for consent, in practice there is a generalized difficulty in respecting the requirements set forth in the legislation for consent to be considered valid. This is mainly due to the absence of communication that is designed for the target audience of data protection legal documents. With this, we seek to evaluate the capacity of the Visual Law method as an allied tool in obtaining the validity of the consent provided by the data subject. To do so, the objective is, firstly, to analyze the historical framework regarding the protection of personal data around the world and the construction of this regulation in Brazil until the enactment of the LGPD. In the midst of this assessment, the rights to privacy and informational self-determination will be addressed, as well as the principle of transparency, with the aim of associating them with the construction of the legal basis for consent. Then, the institute of consent as the legal basis of the LGPD will be evaluated, as well as its validity requirements, the differentiation of its concept in relation to that of authorization and the administrative sanctions that permeate cases of defect in consent. Therefore, the relationship that unites the legal basis of consent and the Visual Law method will be described. This study was carried out with an exploratory and qualitative approach, through a bibliographical survey and literature review. Finally, after studying the fundamentals and concrete cases, the final considerations on the union of the LGPD and the Visual Law for the purpose of obtaining valid consent will be pointed out.