Desafios para a consagração da autodeterminação informativa na LGPD

Abstract

The present article approaches the paradigm of valuing consent to treat personal data as provided on the General Law of data Protection (GLDP), due to confrontation with its effectiveness, based on informative self-determination. At this point, some insufficiencies of the model to the adequate adjustment in fundamental rights and in alternatives feasible to implement the idea of informative self-determination will be assessed based on the deductive methodology of literature review. It is pointed out that the merely formal consent cannot be enough to free consent protection due to cognitive limitations, asymmetry among powers, need of service usufruct, use of technical terms, time shortage and difficulty to manage future risks. On the other hand, some trends are highlighted to mitigate this insufficiency, be it through information systems such as privacy by design, accountability, offer of paid premium services without counterpart of the indiscriminate assignment of data and other contextual analyses.