Banca de DEFESA: MARIA CRISTINE BRANCO LINDOSO

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : MARIA CRISTINE BRANCO LINDOSO
DATE: 21/08/2024
TIME: 08:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

Opacity and Trade Secrets in the Personal Data Market: Conflicts Between Confidentiality and Transparency in the Pursuit of the Fundamental Right to Data Protection

KEY WORDS:

data protection; trade secret; opacity

PAGES: 206
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The purpose of this work is to explore the tension between transparency and secrecy in personal data market and to understand how this tension intensifies with the use of trade secrets, considering the exceptions provided in the Brazilian Data Protection Law regarding this legal category. Initially, it is seeked to identify the difficulties in achieving personal data protection and materializing transparency. From there, it aims to understand how data controllers can create additional opacity in their operations through legal categories such as trade secrets. Throughout the work, the goal is to demonstrate the repercussions that arise from the ability to choose the legal framework for essential market elements, such as databases, personal data, or algorithms. It is argued that this is not a neutral choice and that data controllers can often opt for trade secrets as such a framework, as this allows them to benefit from its confidential nature to further distance data subjects and authorities from the necessary explainability of their operations. Thus, the important question arises about the pertinence of the legal category of trade secrets in the reality of the personal data market. Additionally, the research aims to understand how the Brazilian General Data Protection Law has shown itself to be unaware of important discussions about secrecy and transparency, ultimately creating pathways that favor a rhetoric of opacity on the part of data controllers. Finally, the work seeks to provide constructive reflections on how the scope of confidentiality granted to trade secrets should be considered and how the interpretation of the LGPD should be guided so that the use of these legal categories does not create additional difficulties in realizing the fundamental guarantee of personal data protection.

COMMITTEE MEMBERS:
Interno - 1206283 - ALEXANDRE KEHRIG VERONESE AGUIAR
Presidente - 1509022 - ANA DE OLIVEIRA FRAZAO VIEIRA DE MELLO
Externa à Instituição - CAITLIN SAMPAIO MULHOLLAND - PUC - RJ
Externo à Instituição - GUSTAVO JOSÉ MENDES TEPEDINO - UERJ
Externa ao Programa - 1535625 - LAURA SCHERTEL FERREIRA MENDES - null