THE QUASI-TACIT CONSENT IN DATA PROCESSING IN BRAZIL

Abstract

This work seeks to identify and problematize the problem of quasi-tacit consent in data processing in Brazil. Thus, the biggest problem is to establish the extent to which the law and the State should be effective, bringing financial responsibilities and burdens to providers, to the detriment of the citizen's freedom and privacy. That is, this article aims to study whether there is any limit – and what it is – to the computer technique that imposes itself at the cost of freedom and the violation of the users' right to privacy, even at the end of the treatment. Currently, discussions were taking place on which regulatory framework would be most appropriate. In Brazil, will be seen how the Personal Data Protection Act (LGPD) can be improved. We conclude that, far beyond the need for express consent, the provider must comply with a series of basic principles and rules regardless of what has been consented. With the use of the theoretical-deductive method, logic, customs, common sense and factual-logical moderation, conclusions were reached with due transparency, legitimate purpose and proportionality.