Proteção de dados das crianças e adolescentes: a vulnerabilidade normativa da LGPD no âmbito do consentimento para a coleta de dados pessoais de menores de idade

Abstract

Faced with the need to ensure the protection of information and virtual material within Brazil, the General Data Protection Law was enacted, establishing rules and limits regarding the collection, processing, storage and sharing of data. The problem that arises, and which is the subject of this study, is how to control this data processing. The question therefore arises: how can this regulatory gap be filled and children and teenagers be guaranteed greater security when sharing their data, allowing them to have a healthy and inclusive experience of the digital world? The main aim is to discuss ways of getting around the current regulatory gaps in the General Data Protection Act regarding the processing and consent of parents or legal guardians. The first chapter depicts how the lives of children and adolescents are immersed in the digital world through games, series and social media. Considering the exaggerated information, it discusses the vast amount of shared data and the challenges legislation faces in protecting all of this information. The second chapter deals with image rights and the social impacts of immersion in computerized culture, focusing on image rights and personal data in Brazilian legislation; sharenting, minors, public exposure and the internet; computerization of daily life and legal control on the internet. The third chapter discusses the collision between fundamental rights, studying freedom of expression versus the right to privacy; the right to be forgotten of minors exposed in a virtual environment and the child's right to autonomy in cases of sharenting. Finally, a case study is made of what happened to bloggers Francinete Peres (Bel for girls), ViihTube and Virginia. The methodology used was bibliographical research, using case law, books, articles, monographic documents and periodicals.