User “Automation”: Thoughtless Consent to the Processing of Personal Data as a Counterpart to the Exercise of the Right to Information

Abstract

Network relationships, developed through the internet, allow for fluid and instantaneous contacts, with an extension of accessibility to information. Through portable devices, it becomes possible, anywhere and whenever, to have access to various information, whether political, economic, about geopolitical conflicts, natural disasters, as well as talking to someone who is geographically located in another country or continent. At the same time, applications are allowed to access their users' personal information through data manipulation. In order for the fundamental right to the protection of personal data to be guaranteed, “consent terms” are proposed by these applications. Implementing this right necessarily implies resorting to effective clarification, which allows the user to have access to the specific purpose of the treatment, its form and duration, as well as identification of the controller. The objective of this article is to study the possibility of reaching the informed consent of the users, due to their hypervulnerability in relation to the possible data processing operations that can be developed. Through the bibliographical review and the development of the research by the deductive method, it is verified the need to adopt measures not only by the parties directly involved, such as the user and controller of the application, but also the development of public policies for the greater caution of the holder of the data by providing the consent.