Direito à privacidade da criança e do adolescente na sociedade da informação: mecanismos de proteção de dados pessoais nos meios digitais

Abstract

The so-called information society, which emerged from the third industrial revolution, is characterized by the development of new communication technologies based on the value of information as a central element of its connections, including economic ones. The massive exposure of self-image on the internet gave rise to the formation of a so-called “cyberculture” that overvalues the display of private life in a virtual environment, fostering the so-called surveillance capitalism that unilaterally claims human experience as raw material for translation into behavioral data. This phenomenon has become a major problem due to the existing vulnerability between users and controllers and operators of these instruments for collecting personal data. In this context, the increasing presence of children and teenagers in the virtual environment is a real challenge. Considered hypervulnerable by Brazilian legislation, they need a greater network of protection and care on the part of the State, the family and society as a whole, based on the principle of Integral Protection based on the heart of the Federal Constitution. Using the methodology of bibliographical review through the existing literature survey, a qualitative research was carried out, whose objective is to examine which impacts that the collection and treatment of personal data of children and teenagers can cause in their psychosocial development; identify what types of techniques are used in this process; analyze whether they meet regulatory standards respecting individual freedoms and identify existing mechanisms to mitigate possible violations of these fundamental rights of children and teenagers. As a result, important impacts were identified on the formation of children and teenagers caused by the usurpation of privacy, limiting freedom of choice and informational self-determination, greatly influencing their personality development process. In turn, the manipulation of personal data with the aim of directing advertising in digital media results in the formation of an increasingly consumerist and uncritical society. Finally, it was observed that the implementation of personal data protection mechanisms has increased in recent years with legislative adequacy through the creation of new laws, such as the LGPD, but these needs a complementary rule defining the criteria for compliance with, thus, endow them with imperativeness and thus start to have the effects intended by them.