INTERPRETATION OF THE GENERAL DATA PROTECTION LAW AS AN INSTRUMENT FOR REGULATING ACCESS TO DATABASES OF NATURAL RESOURCES OF BRAZILIAN INDIGENOUS TERRITORIES
· Data protection
· Natural resources
· Digital Sequence Information (DSIs)
· Indigenous rights
Digital sustainability
Brazilian legislation presents significant gaps regarding the protection of data associated with natural resources and traditional knowledge from Indigenous territories, especially in the digital context. The General Data Protection Law (LGPD) focuses on personal data but does not address environmental issues or collective sensitive data, creating challenges for the effective protection of biodiversity and Indigenous communities. Despite this, the Federal Constitution, the Biodiversity Law (Law No. 13,123/2015), and the principles of the LGPD provide a basis for integrated interpretations that can partially mitigate these problems.
The central issue of this research lies in the legal gap regarding Digital Sequence Information (DSIs) from Indigenous territories, which facilitates the exploitation of traditional knowledge and natural resources through the internet, reflecting colonial practices and exposing vulnerabilities such as algorithmic racism.
This study investigates how the joint interpretation of the LGPD, the Biodiversity Law, and the Constitution can be used to protect data related to Indigenous natural resources, highlighting the limitations of this approach and the need for a robust and global regulatory framework. The research aims to understand how existing legal tools can be adapted to safeguard Indigenous interests in a globalized context where digital data plays a central role in the governance of natural resources.