Banca de DEFESA: RAFAEL DA SILVA ALVIM

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RAFAEL DA SILVA ALVIM
DATE: 11/03/2025
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_YjhlYjg4ZjEtOTllOC00MjZiLWJlYTctZWE0MGVmYjJhN
TITLE:

Data protection under the trust paradigm: a defense of human autonomy in the era of data-driven manipulation 

KEY WORDS:

Autonomy; privacy; trust; control; data protection. 

PAGES: 186
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This investigation is concerned with assessing the potentialities of an epistemology of the personal data protection legal regime based on the concept of trust in order to strengthen the protection of individual autonomy in the context of the digital platforms. In locating the research problem through the examination of the main characteristics of informational relationships in the context of surveillance capitalism (mass extraction of personal data, dependence, hypervulnerability and asymmetries of power and information), the work discusses the figures of dark patterns – deceptive design techniques that exploit users’ vulnerabilities and cognitive biases to instrumentalize human agency – while eloquent examples of the threats to individual autonomy in online environments inadequately addressed by data protection laws focused on the idea of control and processing legitimacy (control paradigm). It thus investigates the effective potentialities of personal data protection based on the notion of individual control from the perspective of the protection of individual autonomy, considering the dark patterns phenomenon. In light of the Brazilian context, the insufficiency of the control paradigm as a mechanism for protecting individual autonomy in the use of digital platforms becomes evident, especially when considering the use of deceptive design techniques. The theoretical framework is problematized, in order to explicate and discuss its dogmatic postulates, concluding that an epistemology based on the notion of trust is compatible with the brazilian legal regime, and that it presents itself as a substantial addition to the protection of fundamental freedoms regime that the Lei Geral de Proteção de Dados Pessoais (LGPD) sought to watch, notably individual autonomy, by bringing to the center of the debate concerning the regulation of information flows the duty of loyalty (a notion that goes beyond the narrow procedural limits employed by the LGPD to assess the legitimacy of processing activities) as a foundational aspect of a personal data protection comprehension that is mindful to the power dynamics – materialized in manipulation techniques through the use of dark patterns – between users and companies whose economic activity is structured on the mass extraction of personal data from the use of digital platforms. 

COMMITTEE MEMBERS:
Externo à Instituição - LEONARDO DE ANDRADE MATTIETO - UNIRIO
Interna - 1509022 - ANA DE OLIVEIRA FRAZAO VIEIRA DE MELLO
Presidente - 1150035 - FERNANDA DE CARVALHO LAGE
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN