Privacidade emocional: os limites da coleta de dados sensíveis em plataformas digitais

Abstract

Contemporary society has been deeply reshaped by exponential technological evolution, which has directed human interactions toward a constant and ubiquitous flow of information. This dynamic established a "surveillance economy" in which personal data became the primary commodity, positioning citizens as mere spectators of their own information processing within a markedly asymmetric relationship. The central issue lies in the "datafication" of human behavior, which transcends consumption preferences to encompass "emotional privacy," allowing digital platforms to analyze and capitalize on users' emotions through complex and often "treacherous" decision architectures. Given this vulnerability, this study investigates the legal limits of collecting sensitive emotional data and the effectiveness of existing protection mechanisms in Brazil. The research, qualitative in nature and based on bibliographic and documentary studies, analyzes the applicability of the General Data Protection Law (LGPD — Law No. 13.709/2018) and the Marco Civil da Internet (Law No. 12.965/2014) as instruments for preserving informational self-determination. Furthermore, it discusses the regulatory role of the National Data Protection Authority (ANPD) and the challenges of civil liability regarding the irregular processing of such data, seeking to ensure that the informational flow is not corrosive to the free development of the human personality. Finally, the analysis proposes a reflection on the need for new normative interpretations that ensure the effectiveness of fundamental rights in the digital age, protecting the individual's most intimate sphere against algorithmic manipulation.