Lei Geral de Proteção de Dados: Uma análise da tutela dos dados pessoais em casos de transferência internacional

Abstract

The theme of this undergraduate thesis is the protection of the rights of liberty, privacy and free development of the natural person in cases of international transfer of personal data under Law No. 13,709 of 14 August 2018, known as the General Data Protection Act (LGPD). Therefore, the main objective of this study is to investigate the hypotheses of international transfer of personal data conferred by LGPD and the specific objectives are two: identify the applicable legislation and identify which judicial body is competent to judge cases of civil liability arising from the infringement of the rights of the holders of personal data. Until the edition of LGPD Brazil had a legislative gap with regard, specifically, to the protection and international transfer of personal data. However, with the entry into force of the LGPD, any collection operation, storage, custody and processing of records, personal data or communications by connection providers and Internet applications, in which at least one of these acts occurs in national territory, will be subject to the imperativity of Brazilian laws. In addition, with LGPD, Brazil has joined the team of countries that have an adequate level in terms of protection of personal data. Thus, from the entry into force of the LGPD, Brazil can, without any legal impediness, may be a country that is a recipient of personal data from countries that require an adequate level of protection. With the advent of the law, the requirements and hypotheses for the international transfer of data have been expressly foreseen. So, according to art. 33 of the LGPD, the international transfer of data will only be allowed in nine hypotheses, except for the legal exceptions provided for in the Brazilian legal order. Moreover, any personal data subject will have the support of the principles of the purpose, minimisation of collection and minimum retention. These principles provide that the data should be used only for the specific purpose for which it was collected, only the minimum data necessary to achieve this purpose must be collected and immediately excluded after this purpose has been achieved. Finally, it should be pointed out that the theme addressed involves several fields of Law, as well as foreign treaties and conventions and notions of Computer Science. Moreover, the LGPD is extremely recent, has not entered into force and will still be faced by the courts and bodies of defence and consumer protection, and it is up to them to interpret it and ensure the protection of the rights of freedom, privacy and free development of the natural person.