THE PERSONAL DATA PROTECTION WITHIN THE INFORMATIONAL ECONOMY CONTEXT: REGULATORY CHALLENGES OF BEHAVIORAL MARKETING

Abstract

The personal data monetization race was started by important players in the information economy. Amazon, Google and Facebook are some examples of how personalization algorithms can be used in an extremely profitable way. These techniques are constantly improved, using machine learning, collaborative filtering and Artificial Intelligence. In this context of intense and constant development, it is up to the Brazilian National Data Protection Authority to regulate and complement the Brazilian General Data Protection Law, in addition to overseeing its correct compliance. This article aims to highlight some tools for the enforcement of LGPD in the scenario of surveillance capitalism, such as the “Good Practices Code” and the regulation and inspection by the ANPD. It was applied the deductive method, based on the verification of the hypervulnerability of the personal data subject and the legitimate economic development, to conclude that a consensus must be reached by harmonizing the interests at stake, in view of the recent approval of the Regulation of the Inspection Process and the Sanctioning Administrative Process by ANPD, which emphasizes responsive regulation.