The absence of the inspection activity in the general law of personal data protection and the ineffectiveness of the law

Authors

  • Diogo De Calasans Melo Andrade Mackenzie e Unit
  • Roberta Hora Arcieri Barreto UNIT

DOI:

https://doi.org/10.18316/redes.v8i2.5407

Keywords:

Effectiveness, Ineffectiveness, General Data Protection Act, National Data Protection Authority.

Abstract

Brazil has started to compose the list of countries that have specific legislation focused on the protection of personal data in the worldwide computer network. This is Law No. 13,709 approved in August 2018, whose disallowed of the President of the Republic against the creation of a supervisory authority called the National Data Protection Supervisor and subsequent edition of Provisional Measure, brings uncertainties when the effectiveness of the law. Therefore, this article aims to present, through the critical analysis of the General Law of Data Protection, considerations regarding the efficacy or ineffectiveness of the law, initially faced with the absence of the independent administrative figure that would exercise the supervisory activity and then, towards a supervisory organ related to the presidency of the Republic. The methodology used was based on a qualitative approach to the problem, and the research was exploratory in nature, using the bibliographic and documentary research procedure, through the analysis of doctrines, documents, legislations and Other scientific texts relevant to the theme, to finally conclude that, in spite of the Brazilian General Data Protection Act has being grounded in the of effective norms, will not have the same effectiveness as the European Union, whereas that the independent inspector authority is the basis for the entire normative structure of data protection that has been defended in Brazil.

Author Biographies

Diogo De Calasans Melo Andrade, Mackenzie e Unit

Doutor em direito político e econômico pela Universidade Mackenzie. Mestre em constitucionalização do direito pela UFS. Professor titular da graduação e do mestrado em direitos humanos do PPGD-UNIT.Líder do grupo de pesquisa “Novas tecnologias e o impacto nos Direitos Humanos” do mestrado em direito Humanos da UNIT. E-mail:contato@diogocalasans.com

Roberta Hora Arcieri Barreto, UNIT

Mestranda em Direitos Humanos e Bacharel em Direito pela Universidade Tiradentes, Advogada, Coordenadora do Grupo de Estudos de Direitos Humanos, Ambiente e Sustentabilidade da Universidade Tiradentes. E-mail hora.arcieri@gmail.com.

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Published

2020-06-08

Issue

Vol. 8 No. 2 (2020)

Section

Articles

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