Economia do conhecimento e sua influência sobre a Lei de Proteção de Dados pessoais brasileira

Abstract

This research aims to determine the influence that the GDPR and other European regulations have had on the LGPD, seeking to assess whether this influence hinders the degree of success of the Brazilian law. To achieve this objective, it explores the evolution of data protection laws, focusing on the influence of the Knowledge Economy on these regulations, selecting various norms that demonstrate the historical development of data protection within modern society. It highlights how international guidelines, such as those from the OECD and the European Union’s GDPR, have shaped global data protection standards, establishing a connection between these guidelines and the definitive European legislation on the subject, the GDPR. The choice of the GDPR is due to its recognized significant impact, setting a global benchmark for data protection. The text addresses the Knowledge Economy, emphasizing data as a crucial economic asset and highlighting the role of data protection laws in the responsible management of this asset. However, it also analyzes these laws from another perspective, arguing that they legalize the processing and use of information rather than fulfilling their primary role of protecting data. This research discusses the challenges of balancing privacy rights with the demands of a data-driven economy, underscoring the fundamental importance of privacy in the digital age and explaining why this perspective is essential. Finally, the document examines the global influence of European data protection standards on Brazilian legislation dedicated to the topic, the LGPD, illustrating the broad impact of these international regulations on the creation of this national law. It advocates for a critical view of these laws and regulations, ensuring that they protect citizens' rights rather than merely legitimizing the economic exploitation of personal data as an instrument of the Knowledge Economy.