General Personal Data Protection Law and the relevance of its implementation

Abstract

The present study intends to demonstrate the relevance of the application of the General Law for the Protection of Personal Data (LGPD) to individuals and legal entities, given the current scenario of information technology and its importance for society, and the performance of the public power in the treatment of personal data, due to state activity. Therefore, the contextualization of the general aspects presented in Law nº 13.709/2018, the historical construction of the data protection policy, through the laws that preceded it and served as the basis for its creation, as well as the fundamentals and principles presented therein, are significant elements for the hermeneutic task on the text of the law to verify the relevance of its application by public and private agents. Thus, through the deductive method and bibliographical research, it is necessary to investigate the limits and guarantees found in its implementation, highlighting the difficulties and benefits of applying the LGPD and considering the point of view of the Tax Authorities and the taxpayer. It is concluded that, although many aspects still need to mature in the application of the national policy for the protection of personal data, and also, a more effective regulation and more active guidance of the responsible bodies, so that it meets its purpose and integrates all agents who participate in the personal data processing relationship, the LGPD is indispensable to the economy of business in a digital age, privacy, intimacy, human dignity, democracy, and above all, the precepts of the Democratic State