Ethical issues and the legal perspective of data protection

Abstract

Objective: to conduct a brief analysis on the use of data from human beings, in scientific research and within the scope of Public Administration as a substrate for the elaboration of public policies. We highlight the new General Data Protection Law in Brazil, as well as seeking to understand the national regulatory framework and the role of the Supreme Federal Court on the subject. Methods: the deductive research method was used, with a descriptive procedure and research technique of bibliographic and documentary review. Result: we found that the Brazilian General Data Protection Law designed a new model for the protection of the use of data and human beings in scientific research and by the Public Administration itself in the context of the elaboration of public policies. The new legislation has brought greater transparency and greater stability to academic and administrative procedures, has a legal construction that manages to reconcile the use of personal data and the protection of the fundamental right to data protection. Conclusion: we highlight the autonomy of the fundamental right to data protection and the constitution of a new normative paradigm for the digital society, notably the need to build new legal instruments that do not make scientific research and policy making unfeasible public, but at the same time, guarantee the fundamental right to privacy and intimacy of individuals.