Facebook como o novo Big Brother: uma abertura para a responsabilização civil por violação à autodeterminação informativa

Abstract

The Facebook imposes itself as an instrument capable of exerting intense vigilance on the actions of its users, which justifies the allusion to the new “Big Brother”, in the vision of Orwell, as the “eye that sees it all”. The right to privacy demands a dynamic and plural protection, whereas informative self-determination, in a way to provide control and protection to personal data. The possibility of Facebook’s liability for violation of informative self-determination, due to the abusive data sharing with partner companies, is analyzed, as well as the abusive clauses present in the terms of privacy of this social network, that allow the access to the geographical localization of its users and to the content researched by them in partner websites, even if disconnected of the net. The methodology used is bibliographical, case law, pure, descriptive and exploratory. Finally, Facebook might be guilty, when the sharing of sensitive or excessive data; the crossing of data and the creation of personal profiles are capable of offending the corollaries of human dignity, while the correct judicial measure to protect the right to privacy of its users would be the declaration of nullity of the abusive contractual clauses.