ALGORITHMIC USE OF TRANSNATIONAL DATA: THE IMPACTS OF CYBERSPACE ON DATA PROTECTION AND THE CONCEPTS OF SOVEREIGNTY AND TERRITORIALITY
Cyberspace. Alghoritms. Personal data. Sovereignty. Territoriality. Jurisdiction. Digital Colonialism. Data protection.
The algorithmic use of data for content targeting purposes is an unstoppable reality in everyday social life. It is through the capacity of these algorithms that platforms are able to profile their users in order to direct information and advertisements in order to interest individuals in what they would like to consume. This cycle of capturing individuals' attention is called the attention economy. Data processing is a complex process, made up of several steps that can be carried out in many places around the world. Given this context of expanding the lives of individuals in the digital reality and the transnationality of cyberspace, natural conflicts in social interaction arise, with that at also rise doubts about the application of jurisdiction and the applicable legal system due to the complexity of the data processing stages. In this sense, what is pursued in this work, through bibliographical research, is to identify how the traditional concepts of State Theory and International Law can be adapted to the cross-border reality of cyberspace. As a result of the research, it is concluded that the concept of sovereignty must involves the repercussions of a fact for its citizens and the need for general norms of private international law in order to standardize the legislation applicable to each phase of the processing of personal data.