A (In)eficácia da Lei 13.709/2018 como Limitador ao Capitalismo da Vigilância

Abstract

The article seeks to investigate the main legal provisions of Law 13,709/2018 in comparison with the General Data Protection Regulation (GDPR) of the European Union (EU) to assess whether Brazilian legislation created limitations on the practice of surveillance capitalism by large technology companies, which is used for behavioral manipulation of users in the creation of products and services. The problem that guides the research can be described by the following question: The entry into force of Law 13,709/2018 in September 2020 created a limitation for big techs’ exploitation of users’ personal data? The general objective of the text is assess whether the General Data Protection Law (LGPD) is effective in limiting big tech’s exploitation of data users' personal data. The specific objectives of the article, structured in three parts, are: a) analyze the predictions of Law 13,709/2018 compared to the European Union's GDPR; b) understand the role and effects of big tech on surveillance capitalism; c) check whether the National Data Protection Authority (ANPD), using the predictions of the LGPD, manages to limit surveillance capitalism. Thus, entry into The force of Law 13,709/2018 created a limitation on the exploitation of big techs, especially when Law 14,460/2022 recognized the ANPD as an agency of a special nature to allow for more oversight effectiveness of data processing agents, including large technology companies. However, it is It is necessary for the state apparatus to strengthen the data protection regulatory body, by increasing the ANPD budget, aiming to expand technical and human resources to ensure that holders' data stop being mere sources of resources to promote surveillance capitalism and start being protected as essential elements to guarantee the fundamental rights provided for in the Constitution.