Direito ao esquecimento sob à luz da lei geral de proteção de dados

Abstract

This research aims to analyze the Right to be Forgotten in the information society, with the General Data Protection Law as its guiding legislative act, with emphasis on the duty of the data controller of personal data to delete this data when requested by the holder or when there is non-compliance with the legal system. To this end, a documentary, theoretical and bibliographical approach was adopted, comprising analysis of standards relating to the protection of privacy in the digital environment. The method used is deductive, triggered by the use of bibliographical research, supplemented by documentary analysis. The research carried out demonstrates that, even with the Federal Supreme Court's judgment declaring the non-compatibility of the Right to be Forgotten with the Federal Constitution, the General Data Protection Law gives individuals greater self-determination and control over their personal data, allowing the exclusion of same. The work also explores how the right to oblivion, an aspect of the right to privacy, aims to protect the dignity of the human person. Finally, paradigmatic cases of the right to be forgotten have been presented over the years, which have received greater media attention due to their complexity and the conflict of fundamental rights in question.