THE FUNDAMENTAL RIGHT TO THE PROTECTION OF PERSONAL DATA AND THE CONDITIONS OF PRECEDENCE IN THREE NON-PHARMACOLOGICAL MEASURES ADOPTED BY BRAZIL IN COPING WITH COVID-19

Abstract

This article aims to analyze three non-pharmacological measures adopted by the Brazilian Public Power to face Covid-19: 1) the transmission of information by the telecommunications operators about the circulation of people; 2) the sharing of personal data for the implementation of tele-assistance by the Ministry of Health; 3) the sharing of data to IBGE by all consumers of telecommunications companies. Such measures deal with questions about the affectation and possible violation of the right to the protection of personal data. The applied methodology is analytical. The problem is solved by means of a bibliographic and documentary survey in three stages: we will defend the right to the protection of personal data as a fundamental right; we will describe the three measures under analysis; we will establish the conditional precedence relationships applicable to each of the measures. We conclude that measures 1 and 2 can be adopted as long as specific conditions are observed; and that measure 3 represents a violation of the right to privacy and undue surveillance.