A cooperação para proteção de dados pessoais: uma análise da extraterritorialidade dos dados no cenário internacional.

Abstract

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.