Proteção de dados sensíveis em contextos de crise: uma análise jurídica da LGPD e o incidente do e-SUS Notifica

Abstract

This monograph explores the protection of sensitive personal data under Brazil's General Data Protection Law (LGPD), focusing specifically on the incident in the e-SUS Notifica system. The study begins with an examination of the origins and underpinnings of the LGPD, placing the legislation within the context of global changes related to digital law and data privacy. It thoroughly analyzes the right to privacy as established by the LGPD, discussing the definitions and legal treatment of personal and sensitive data, particularly in the healthcare sector. Employing Miguel Reale's Three-Dimensional Theory of Law, the research contemplates the necessity for a legal approach that integrates norms, facts, and values to ensure adaptability and effectiveness in data protection in an ever-evolving digital environment. The monograph underscores the importance of effectively implementing data privacy governance programs, highlighting the consequences of a lack of preventive measures and the risks to human dignity. This research contributes to a critical understanding of the LGPD and its practical implications, offering insights into the adequacy of current regulations in the face of contemporary technological and social challenges, and emphasizing the need for a legal system that keeps pace with the digital society's dynamics.