Capitalismo de vigilância e a lei geral da proteção de dados: perspectivas sobre consentimento, legítimo interesse e anonimização

Abstract

The information that companies have about their customers in most cases goes beyond the storage of registration or contact data, since the advance of technology under the monopoly of informational capitalism has produced an insatiable demand in the transnational financial market for personal data of citizens in general. The increasingly improved data collection and recognition tools have been employed in the adoption of vigilant strategies by large companies to encode and monetize consumer behavior. In Brazil, the new General Data Protection Law (LGPD) establishes a series of criteria for the most varied sectors of the business community, in order to guide the use of personal data to guarantee the privacy and fundamental rights of its holders. It is therefore asked whether some of the main pillars of the current regulatory discussion (anonymization and consent) actually make it possible to protect Brazilian citizens within the challenging context of accelerating the flows of information and goods in this new phase of global capitalism.