"DUAL REGIME OF CIVIL LIABILITY IN THE LGPD: A lege lata proposal to distinguish irregular treatment resulting from non-compliance within the legislation and from the violation of the person's expectation of security and the sufficiency of the current regulatory framework for the protection of damages caused by Artificial Intelligence and new technologies".
Fundamental right of protection of personal data. LGPD. Civil responsibility. Dual regime. Autonomous technologies. Artificial intelligence.
This work examines the institute of civil liability disciplined by the LGPD in order to detail the regime regulated by the normative. To pursue this objective, the analysis proceeds to identify the protected rights and conceptual distinctions necessary for the purposes of describing what qualifies as regular and legal processing of personal data. The work continues with the analysis of the consequences of an irregular processing of personal data. The LGPD extra-contractual civil liability regime is identified. Finally, this work addresses the dynamics of the use of personal data in view of the descriptive characteristics of Artificial Intelligence (AI) – seen as the representative element of disruptive technological innovations – with the aim of demonstrating the potential for normative protection of personal data in before possible damages caused by the use of this technology. The main innovation of the work lies in the structured classification of the LGPD's civil liability regime and in the defense of the instrumental.