Sistemas regulatórios de proteção de dados pessoais - a concretização do padrão global pela ordem jurídica interna

Abstract

Personal data is the input of the Digital Economy, and its massive use by the protagonists of this new economic model, transnational information technology companies, generates an unprecedented impact on the very personal rights of its holders. This finding calls for a regulatory system that protects human personality, materialized in the right to the protection of personal data, which is a fundamental human right. The global regulatory system for the protection of human rights, although has the virtue of establishing a universal standard of protection, suffers from obstacles that prevent it from providing sufficient guarantees to the right. The hypothesis of this research is that the internal regulatory system for the protection of the fundamental right to protect personal data has the structural and functional capacity to, in harmony with the global system, provide the desired protection of this right, in the context of the protection of human personality. The research demonstrates through the deductive method that the implementation of this protection is stablished through the correspondence between the duties of protection, respect and reparation contained in the Guiding Principles on Business and Human Rights and the preventive, punitive and reparatory functions of the legal institute of civil liability. The objective of this work is to contribute to increasing the perception of value, by legal operators, that the right to the protection of personal data is a human and fundamental right and, also, to shed light on the fact that the national legal system has a structure and institute capable of guaranteeing its protection and providing repairs to the extent of the injury. The research concludes with innovative insight into the interplay between global governance and national jurisdiction, offering a new perspective on the protection of human rights in the digital age.