Rights of the data subject:

potentialities and limits in the Brazilian General Data Protection Law

Abstract

Currently, multiple challenges are faced within the scenario of progressive technological advances and the massive collection of personal data. Considering the integration of personal data and the person's electronic body, based on the theoretical reference of Stefano Rodotà, this article aimed, from an exploratory approach, to analyze the so-called rights of the data subject, provided by the Brazilian General Data Protection Law (Law nº. 13,709 of 2018), being data protection key to safeguard several rights in the digital age. To improve the investigation, with an eminently comparative character, the analysis considered also the General Data Protection Regulation (Regulation – EU – 2016/679 of the European Parliament and of the Council), taking into consideration that the European Union model represents the major exogenous influence of the Brazilian regulation at this field. Therefore, from a systematic interpretation of the Brazilian regulatory framework, it was possible to conclude that, despite recognized limitations, there is the provision of an important field to protect the person with the reference of informative self-determination. Furthermore, it was possible to infer from the regulation the existence of a significant space for the Brazilian National Data Protection Authority to act in this field, especially regarding integration, interpretation and oversight.