A proteção de dados pessoais como direito fundamental e a incivilidade do uso de cookies

Abstract

This work aims, at first, to expose the right to personal data protection as an autonomous and fundamental right. To do so, the main principles that rules the subject will be presented, and so will the sorting of personal information and the very evolution of that right from the ancient concept of privacy, through informational self-determination and the later segregation into an autonomous right. The focus will be shifted, then, to the use of cookies on the Internet, which has spread in recent years to all areas of the modern market, so that the online safety of users is increasingly compromised due to the multiple collection and treatment operations to which their data are submitted. At last, there will be made an analysis of a couple of legislations witch deal with this subject, namely the General Regulation on Data Protection in Europe, which has been used as a role model for the edition of almost all other national and regional legislation in the world, as well as the recent Brazilian Data Protection Act, which takes care of the subject in detail, supplementing the Civil Rights Framework for the Internet