Banca de QUALIFICAÇÃO: LUKAS DARIEN DIAS FEITOSA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LUKAS DARIEN DIAS FEITOSA
DATE: 04/05/2023
TIME: 03:00
LOCAL: Ambiente virtual
TITLE:

The use of personal data in conducting scientific research in public health under the Brazilian Data Protection Law (Federal Law 13.709/2018)

 

KEY WORDS:

Personal Data; Data Protection; Research in public health

PAGES: 98
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The increasing relevance of personal data in contemporary socioeconomic logic, coupled with the growth in processing capabilities of information and communication technologies, has demanded the development of a legal framework for the protection of personal data that can adapt to the technical and legal reality of personal data processing, given the complexity and variety of contexts that perform such treatment. In Brazil, strongly inspired by the European experience, the Brazilian Data Protection Law was passed with the purpose of regulating the processing of personal data, impacting to a greater or lesser extent all activities that deal with this type of information. In addition, at the end of 2022, Constitutional Amendment 115 was approved, which, among other issues, changed the list of fundamental rights included in article 5 of the Federal Constitution, including the right to the protection of personal data. In this context, public health research experiences an imminent need to reorganize its practices, given that it delas, to a significant extent, with sensitive personal data, which are subject to stricter protection under the law. Therefore, this work aimed to analyze the impact of the new legislation on public health research activities, discussing its constitutional bases, the process of establishing legislation in Brazil, and the process of adapting activities to the demands of the Brazilian Data Protection Law. In this sense, a socioeconomic context of the importance of personal data in contemporary times and the elements that led to the emergence of personal data protection laws was presented. The bases for the development of the protection of personal data as a fundamental right were then discussed, highlighting informational self-determination as an essential element in this process. It was demonstrated how the Brazilian Data Protection Law was implemented and how it regulates the activities of personal data processing in the national territory in a broad and generic way. It was then seen how the Brazilian Data Protection Law directly impacts public health research activities, discussing the provisions of the legislation and its relationship with the stages of the academic production process of health in the Brazilian context, highlighting possible obstacles and the adaptation needs demanded by the Law. Finally, a reflection is made on how research organizations can reorganize themselves to respond to the determinations of the Brazilian Data Protection Law, especially taking into account the perspective of self-regulation, given the emphasis given by the Law to the need for data controllers to autonomously analyze their own needs for security and protection of personal data and establish appropriate governance practices and work processes in accordance with the legislation. It was concluded, in this sense, that public health research activities need to understand their specific data security obligations, and research organizations must enable researchers to be prepared to analyze and respond to these demands, and also have the responsibility to provide an adequate technical environment and adopt their own governance policies for public health research activities.

COMMITTEE MEMBERS:
Interna - ***.178.174-** - ADRIANA CARLA SILVA DE OLIVEIRA - UFPB
Presidente - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER