A eficácia dos direitos fundamentais na sociedade da informação: uma análise acerca da proteção e promoção de dados em matéria de saúde

Abstract

This monograph proposes to discuss the protection of personal data on health in the information society. The main problem to be faced consists in the necessary artifices so that the advancement of the information society does not cause the loss of the guarantee of the fundamental right to the protection of sensitive personal data in health matters, the main hypothesis being that the consent, the informative self-determination and the adequacy of the LGPD end up contributing to the protection of personal data. For this, it brings the prominence of the information society, its potential risks to the rights of personality and the main norms that have dealt with the protection of personal information. The right to privacy and the need to recognize the right to the protection of personal data as an autonomous fundamental right are also highlighted. In addition, the principles that guide the application of LGPD in the treatment of personal data are clarified. Finally, the application of technology in the information and communication system (ICT) and the challenges and benefits of the implementation of digital health are presented, as well as the special protection that is given by LGPD to personal health data. As for the scientific method, it is understood that the deductive method is applied to the study, whereas it starts from a general idea and is directed to particular conclusions through logical reasoning, and the research technique is bibliographic, using, in particular, indirect data.