Lei Geral de Proteção de dados: o papel do Data Protection Officer diante das implicações éticas das decisões automatizadas

Abstract

In the last few years the technological innovation has greatly improve, providing life ascent in society, but also resulting in numerous challenges, above all in the matter of fundamental rights such as human dignity, privacy and intimacy. As such this new demand raised many norms in the Brazilian legal ordering trying to reach these new legal relations due to the new society pattern derived from cyberculture spaces, specially the one present in this present paper, the General Law of Protection of Data – LGPD, n° 13.709/2018. With such law, was made possible to establish a greater law safety to the new ways of bussines, above all the ones native from the cyberspaces, providing standardization to the pratical norms of protection of data in equality for all people. The LGPD brought with it new characters to law, as agentes of the treatment – controller ad operator, but mainly the figure of Encarregado, great responsible for setting a communication and transparency between these charecters and the owners of the data itself. In this context, the presente paper will be focus in studying the role of “Encarregado”, strongly inspired in the Data Protection Officer, state by the General Data Potection Regulation – GDPR, your relevance not being just legal but mainly etical for companies, focusing the a automated decisions, that will be explored foward, wich may constitute a great risc to fundamental rights of the owners, therefore affecting the right to privicy, to honor, to intimacy e to no discrimination. Keywords: Privacy; Protection of personal data; General Law of Data Protection; Data Protection Officer; automatic decisions; ethic.