| dc.description.abstract | Data protection has been a subject debated by several new national and international
legislations. The objective is to provide more security in cyberspace regarding the capture and
processing of personal data. In Brazil, the Federal Constitution, the Consumer Defense Code,
and the Civil Rights Framework for the Internet legislate on data protection, but it is the General
Data Protection Law (GDPL) that specifically aims to protect the fundamental rights of freedom
and privacy and the free development of the personality of the natural person. However, the
GDPL was amended in its original text to allow for the processing of data in an automated way,
without human intervention, including for the purpose of deciding on the profiles of the holders.
Hence the concern about the effectiveness of data protection since the error rates by artificial
intelligence algorithms are alarming and result in an increase in social inequality and
discrimination. In this context, Brazil's position regarding data protection in a less judicious
way, in favor of business models of financial institutions and startups, seems to connect with
the systemic perception of the existence of the most beneficial regulatory environment for
certain sectors, as well as the continuity of capitalism through digital and data colonialism,
resulting in the need for new solutions for the effectiveness of data protection and the
safeguarding of individual rights. In this wake, we proposed: 1) the adoption of digital civil
education; 2) more rigorous application of data governance by public and private institutions,
including addressing the UN's sustainable development goals; and 3) the structuring of
legislation that acts in greater depth at the heart of the matter, regulating aspects related to
algorithms and artificial intelligence, in order to make data processing more transparent and to
enable both accountability and control by society civil law, as it has already been proposed by
the European Union, the United States and in a still incipient form in Brazil in a Bill pending
in the Federal Senate. | eng |
