O papel da Lei Geral de Proteção de Dados Pessoais (Lei nº 13.709/18) na proteção de dados pessoais de crianças e adolescentes no Brasil

Abstract

The present Final Paper has as its theme the role of Law nº 13.709/18 (General Data Protection Law) in relation to the protection of personal data of children and teenagers in Brazil. The choice of the theme is based mainly on the relevance and topicality of the studied legislation, as well as on the burning need to protect the personal data of children and teenagers, in compliance with the constitutional commandment of the integral protection of children and teenagers.The advancement and dissemination of digital technologies in society have brought and continue to bring countless benefits, whether social, cultural, political or economic. However, for such benefits to be realized, the data and information sharing, whether personal or not, was intensified and becomes more necessary each day. However, given the dimension taken, it was necessary to improve the legal framework on the right to privacy and the protection of personal data and regulate them individiually, which has been done in the through the last decade in the international scenario, such as in the United States of America and in the European Union. In Brazil, where, until then, there was no specific legislation on the processing of personal data, Law nº 13.709/18 (General Data Protection Law) emerges as a new Brazilian legal framework, which provides for the processing of personal data of natural and legal persons, whether public or private, and which aims to encourage the culture of privacy and data protection in the country. The main objective of this legal provision is the protection of the fundamental rights of freedom and privacy, as well as the free development of the personality of the natural person, as provided for in its 1st article. In this vein, there is the protection of personal data of children and teenagers, who are civilly incapable people, either absolutely or relatively, and who are the main targets and users of digital technologies, so they need in-depth and exclusive treatment about your personal data, so that its full protection in the Brazilian legal system is effectively applied. Therefore, from the research that was developed, the objective is to understand how the General Data Protection Law addresses the processing of personal data of children andteenagers, what are the legal mechanisms that the Law offers and, finally, the role of the Law, in practice, on the protection of this personal data