Banca de DEFESA: MARTA BARROS VASCONCELOS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARTA BARROS VASCONCELOS
DATE: 30/06/2023
TIME: 16:00
LOCAL: NEPSA
TITLE:

CONSUMER DATA PROTECTION IN ELECTRONIC BANKING COMMERCE: THE ADEQUACY OF THE LGPD

 

KEY WORDS:

Personal Data Protection; Consumer defense; Financial System; General Data Protection Law.

PAGES: 135
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In recent years, the advancement of technology has had an increasing impact on the most diverse areas of society, a factor that greatly influences the law, given the need to keep up with the changes undergone, and at record speed. In the meantime, consumer protection has encountered major challenges in recent decades with the arrival of virtual commerce, and continues to face new challenges with the increasingly intense digitization of these relationships. The protection of personal data, in this analytical comparison, has proved to be, in recent years, the great touchstone to be protected by legislation, after social relations have been inserted in such a way in the digital world that the use of personal data has become indispensable in electronic relationships. Data protection was consecrated as a fundamental right by the Brazilian reform constituent power in 2022 from the Constitutional Amendment n. 115. This right is intrinsically related to consumer protection based on the understanding that, nowadays, consumer relations are increasingly perfected in the digital environment. Based on this assumption, the present study aims to develop an analysis about the effectiveness of the General Data Protection Law (LGPD) in financial consumer relations that are perfected in the digital environment, in order to guarantee the protection of consumer data in the face of the amount of frauds practiced in the banking field through the misuse of your data. From this perspective, the study intends to address, within the perspective of the need to protect personal data in digital relationships, the relationship between this new fundamental right with the fundamental right of consumer protection, from the perspective of the principle of security, provided for in the Code of Consumer Protection, and application of the risk-benefit theory. In this way, the problem of the research is the observance of the improper obtaining of consumer data, due to the non-observance of the duty of safe custody in the virtual environment, combined with its misuse in financial commerce, for the commission of fraud by third parties in bad faith. . Thus, from the analysis of the provisions brought by the LGPD, to study the effectiveness of the provisions brought by the LGPD in an attempt to make financial institutions accountable in an objective way, as a way of guaranteeing the protection of consumers inserted in the virtual scope, for the improper use of data, by third parties, for the commission of bank fraud, also noting that there are other normative instruments that could also be applied to the concrete case to guarantee greater effectiveness to the desired protection, such as the summary 479 of the STJ.

COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1753047 - MARIANA DE SIQUEIRA
Externo à Instituição - WALBER CUNHA LIMA - UNI-RN