EFFECTIVE PROTECTION OF DIGITAL PERSONAL DATA THROUGH INTERNATIONAL LEGAL COOPERATION.
Name: ISABELLA AMARAL E SILVA
Publication date: 17/06/2024
Examining board:
Name |
Role |
|---|---|
| CLAUDIO IANNOTTI DA ROCHA | Examinador Interno |
| MARTHA LUCIA OLIVAR JIMENEZ | Examinador Externo |
| VALESCA RAIZER BORGES MOSCHEN | Presidente |
Summary: This dissertation aims to investigate how international legal cooperation between the central authorities of countries can ensure the procedural effectiveness of the protection of digital personal data through direct assistance, as an alternative to the current procedure of letters rogatory, and whether this model would be compatible with the speed and dynamism required in the information society. Current techno-logical development is marked by the dizzying growth and dynamism of disruptive technologies, as well as the increase in the flow of electronic data, which goes be-yond national borders and does not respect territorial limits. In this context, interna-tional legal cooperation is being called upon to reinvent itself in order to ensure pro-cedural effectiveness in the protection of digital personal data and the procedural repercussions arising from the increase in claims with foreign elements. In order to improve this, direct assistance, one of the instruments of international legal coopera-tion, in the form of international administrative cooperation, can be an alternative to letters rogatory, since the procedure is faster and less bureaucratic, especially due to the absence of a judgment of deliberation, carried out by the Superior Court of Jus-tice. This work suggests expanding the work and dialogue between the central au-thorities, through which the direct assistance procedure is carried out in Brazil, as well as choosing the National Data Protection Authority (ANPD) as the central au-thority, in addition to the Department of Asset Recovery and International Legal Co-operation (DRCI), to deal with international demands, the object of which is the pro-tection of digital personal data, however, without compromising the particularities of the legal systems of each State. Therefore, two hypotheses are raised: 1) direct as-sistance may be a more effective and faster alternative to protect digital personal da-ta, since the current mechanisms of international legal cooperation do not meet the challenge of protecting it quickly and effectively; 2) the National Data Protection Au-thority (ANPD) may be the central authority in direct communication with counter-parts in other countries. The hypothetical-deductive method was used as one of the methods involving the logical bases of the investigation. Bibliographical research was used to obtain information on the subject, through the use of theoretical refer-ences, in national and foreign works, contained in books, articles and master's and doctoral dissertations on the subject.
