THE RIGHT TO PRIVACY AND PROTECTION OF PERSONAL DATA: REPERCUSSIONS OF OVERCOMING CONFIDENTIALITY AS THE ONLY INSTRUMENT TO PROTECT HUMAN DIGNITY IN THE EXCEPTIONS OF ART. 4TH OF THE LGPD

Abstract

Privacy from the perspective of the right to be left alone no longer offers the necessary protection to protect human dignity against the forms of processing of personal data made possible by Information and Communication Technologies available to the public and private sector. The protection of personal data emerges as an autonomous personality right to the right of privacy and an implicit fundamental right, being more apt to protect projections of the dignity of the human person that no longer found an efficient barrier in privacy and in its main instrument. of feasibility: secrecy. The application of the general principles of protection and the guarantee of the holder's rights to the exceptions of art. 4, item III, of the LGPD must therefore be guided by overcoming the reductionist paradigm of secrecy, as it is an instrument essentially linked to the right to privacy in its conception of negative freedom, while the right to protection of personal data covers the perspectives of negative and positive freedoms, dialoguing not only with the right to privacy, but with other personality rights and fundamental rights provided for in the Constitution