The absence of the inspection activity in the general law of personal data protection and the ineffectiveness of the law

• Autor(a) principal: Andrade, Diogo De Calasans Melo
• Data de Publicação: 2020
• Outros Autores: Arcieri Barreto, Roberta Hora
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/5407
• topic: Effectiveness; Ineffectiveness; General Data Protection Act; National Data Protection Authority.; Direito, direitos da personalidade, Tecnologia; Eficácia; Ineficácia; Lei Geral de Proteção de Dados; Autoridade Nacional da Proteção de Dados.

Brazil has started to compose the list of countries that have specific legislation focused on the protection of personal data in the worldwide computer network. This is Law No. 13,709 approved in August 2018, whose disallowed of the President of the Republic against the creation of a supervisory authority called the National Data Protection Supervisor and subsequent edition of Provisional Measure, brings uncertainties when the effectiveness of the law. Therefore, this article aims to present, through the critical analysis of the General Law of Data Protection, considerations regarding the efficacy or ineffectiveness of the law, initially faced with the absence of the independent administrative figure that would exercise the supervisory activity and then, towards a supervisory organ related to the presidency of the Republic. The methodology used was based on a qualitative approach to the problem, and the research was exploratory in nature, using the bibliographic and documentary research procedure, through the analysis of doctrines, documents, legislations and Other scientific texts relevant to the theme, to finally conclude that, in spite of the Brazilian General Data Protection Act has being grounded in the of effective norms, will not have the same effectiveness as the European Union, whereas that the independent inspector authority is the basis for the entire normative structure of data protection that has been defended in Brazil.