SILVA, A. R. S. S.; http://lattes.cnpq.br/1147268390702028; SILVA, Alyne Rayanna de Sousa Salvador da.
Resumo:
The general objective of this work is to analyze cooperation for the protection of
personal data in the national and international legal system. The research is justified
due to the lack of a global data protection standard on the international scene ratified
by States. Thus, considering that the Internet is an instrument for controlling and
collecting data, which provides broad access to data and personal information, due to
its instantaneous and cross-border nature, the research problem seeks to understand
whether there is a viable ensuring the protection of personal data at an international
level through cooperation, as a way to combat violations of the fundamental right to
data protection. To this end, the following specific objectives will be analyzed: i. Identify
the importance of international cooperation to ensure effective data protection: ii.
Describe the historical evolution of cyberspace for the protection of personal data; iii.
Understand the dynamism of personal data in the international scenario with greater
coverage in Brazil. The research is based on a deductive approach method, as it
consists of building logical structures as a means to achieve the result, starting from
an analysis of the international context to the internal context. Regarding the
procedure, the historical procedure is used, which corroborates the investigation of the
historical construction of personal data as a fundamental right that deserves protection
in the national scenario, as well as in the analysis of the topic at the international level.
Regarding the classification of the research, it is characterized as being of a basic
nature, as it aims to produce knowledge through concepts regarding personal data.
Through a qualitative approach, with an objective exploratory character and using
technical bibliographic and documentary procedures, being a research developed
based on material already prepared, consisting mainly of monographs, dissertations,
theses, books, articles by renowned authors on the subject, as well as national
legislation, such as Law no. 12,965/2014, Marco Civil da Internet, and Law no.
13,709/2018, General Data Protection Law (LGPD), and international standards. It is
concluded that, on the international scene, it is necessary for States to advance in
seeking to promote data protection through cooperation, as long as it respects the
sovereignty, legal security and internal legislation of each State.