Banca de QUALIFICAÇÃO: RICARDO GALVAO DE SOUSA LINS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : RICARDO GALVAO DE SOUSA LINS
DATE: 19/11/2021
TIME: 09:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

CONSENT AND PROCESSING OF PERSONAL INFORMATION OF SUBORDINATED WORKERS: AN ANALYSIS FROM THE PERSPECTIVE OF COOPERATIVE PROTECTION OF PERSONAL DATA

KEY WORDS:

Data protection. Consent. Vulnerability. Subordinate employment
relationship. Compatibility.

PAGES: 163
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The technological revolution and the emergence of the internet represented a
real social revolution, which substantially altered the form of social interaction. The
massive use of computers and the proliferation of portable devices connected to the
network have greatly contributed to social hyperconnectivity and the increase in the
flow of personal information. In this context, there is a concern with the regulation of
the exploitation of personal data by both public and private entities, resulting in the
emergence of international and national standards whose objective is to ensure that
personal data processing operations comply with principles and rules that guarantee
the data holder respect for the rights of privacy, freedom and non-discrimination.
Based on the principle of informational self-determination, protective legislation,
among the legal bases for the processing of personal data, provides for the provision
of the holder's consent, understood as a f ree, unambiguous, informed expression of
will and for a specific purpose. However, the question i s whether, i n asymmetrical
relationships, there is the possibility of guaranteeing that the vulnerable person's
expression of will i s free, that is, whether there would be the possibility of legitimate
consent. In this context, the present work has as its central issue the (in)compatibility
of the legal basis of consent for the processing of personal data in the context of
subordinate work, essentially considering the just-labor principles of worker
protection and the unavailability of rights. The general objective of the work is to
analyze the compatibility of the legal basis of the holder's consent with the
processing of personal data in the context of subordinate work, while the specific
objectives are: to describe the nature of the protection of personal data, especially
analyzing whether it is a right human and fundamental autonomous or mere face of
privacy; demonstrate the nature of the relationship between national and international
legal systems, facing how legal concepts behave in the face of new social realities,
especially in the digital environment; and analyze whether the legal basis for consent
is applicable to the specific context of the processing of personal data in the
subordinate employment relationship. The method adopted is the inductive one: from
the analysis of consent as a legal basis for the processing of personal data i n a
general context, i t starts with the analysis of its application in a specific context
(subordinate employment relationship), characterized by principles, goals and
characteristics.

BANKING MEMBERS:
Interna - 603.178.174-34 - ADRIANA CARLA SILVA DE OLIVEIRA - UFPB
Interno - 2353000 - ELIAS JACOB DE MENEZES NETO
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL