Sociedade de vigilância, direito à privacidade e proteção de dados pessoais: uma análise sobre a influência de técnicas de publicidade comportamental na internet no consumidor-usuário

Abstract

In the present work, the limitations of the indiscriminate use of behavioral advertising techniques in the new digital business models are evaluated. As for the methodology used, inductive analysis was used, starting mainly from bibliographic and documentary research of classic theoretical references, as well as recent papers produced internationally. Amongst others, the work conclusions are: 1) There has been a transformation of the right to privacy today, in which it increasingly distances itself from the idea of the right to be left alone into the idea of the individual right to selectively reveal oneself to the world, knowing and controlling personal information available to other people; 2) It has been noted that digital trails have become essentially valuable for all online commerces, with reflections on offline commerces as well. Such tracks are collected by default from the user or after a pseudoconsent. We can verify a pseudo-consent mostly in the factual impossibility of reading all the Terms of Use and Privacy Policies that an average user is submitted daily in the digital environment; 3) It was also noted that the creation of online behavioral advertising profiles are not necessarily beneficial to consumers since it is part of the fact that individuals specifically consented to the processing of their data at some point in their cyber interaction, which is not necessarily true. These profiles are created and used mainly for the improvement of marketing tools, with the possibility of use for geographic, gender, and price user discrimination, in the practical cases analyzed; 4) Finally, the Brazilian General Data Protection Law is analyzed. Such regulation is inspired by the European data protection doctrine, which, despite the international evolution on the mismatch of consent with technological interaction, ends up inserting consent as a recurring theme, with an excessive emphasis to the detriment of the other nine lawful basis listed. Thus, this paper aimed to analyze how privacy is related to the protection of personal data in the surveillance society, highlighting the legal challenges presented concerning the usage of behavioral modeling techniques that overuses data collected from the consumer- user.