Responsabilidade civil na era das inteligências artificiais: análise da coleta indevida de dados pessoais no Brasil e o caso TikTok

Abstract

The present monograph examines the application of civil liability in the context of artificial intelligence (AI), with an emphasis on the improper collection of personal data and the legal challenges arising from disruptive technological practices, highlighting algorithmic opacity and the absence of specific regulations to govern its development and operation. As a reference, the study addresses the conviction of the TikTok platform for the improper collection of sensitive personal data conducted without the unequivocal consent of data subjects. Divided into three chapters, the work revisits the foundations of civil liability, exploring its essential elements – human conduct, damage, causal link, and fault – and examining the obstacles to its application to emerging technologies. Subsequently, it investigates Brazilian legal frameworks for data protection, with emphasis on the Consumer Defense Code, the Internet Civil Framework, and the General Data Protection Law. The final chapter delves into the TikTok case, investigating the identified irregularities, the platform's accountability, and the implications of this episode for AI regulation and personal data protection. It concludes that, although civil liability provides a relevant basis for mitigating the damages arising from intelligent systems, the absence of specific regulations undermines legal security and the protection of fundamental rights. The study highlights the need for legislative improvement to address the peculiarities of AI, reconciling technological innovation with the protection of human dignity in the digital environment.