Análise dos limites de aplicação do legítimo interesse para o tratamento de dados no Brasil à luz da Lei Geral de Proteção de Dados

Abstract

This scientific article analyzes the limits of data processing in the Brazilian legal system against the LGPD. It is a relevant topic due to the competence given to the ANPD. The methodology used is qualitative applied research, with descriptive objectives and bibliographical research. By objectives, we sought to analyze the application of the legal method of data processing based on legitimate interest, as well as the fragility of the principle compared to user privacy. The topic for debate is justified, due to the technological advancement of relationships, which generated new ways of protecting the fundamental rights of privacy and intimacy. It is concluded that there was a deficiency in the construction of the LGPD, with efficient mechanisms not being created in the protection of personal data, and opening space for interpretations, therefore demanding legislative change, that aims to seek express and unequivocal consent, efficiently safeguarding the rights constitutional rights of the citizen.