Tensão entre o direito à privacidade e o direito à informação diante das novas tecnologias

Abstract

The technological revolution that happened in the last few years has promoted a true evolution in the realm of communication, allowing information to be transmitted in an easy and fast way. Law faces many challenges while it adapts to the digital reality, that lacks regulation. In this context, the current work aims to perform, through a bibliographical review of the legal literature and laws currently in force in Brazil, an analysis on the right to privacy and its friction with the right to information in the modern age, along with the transformations these have been through since their origins, mainly those arising from recent technological developments. In a second moment, it is observed how the legislators and courts deal with these changes, as well as the difficulties of regulating the internet, culminating in the examination of the worldwide perspective on data protection, especially in Brazil, highlighting the General Protection Law of Personal Data (Law n. 13.709/2018) and the principles that conduct it. At the end of this work, it is verified that the laws created specifically for privacy protection in the information society are an adequate first step, but these will only be effective if they manage to maintain updated in the face of the constant technological development.