Ensuring Internet and Personal Data Privacy in a Virtual World, according to Brazilian Law

Our immersion in the virtual world is increasing each day. We talk to people, read news, make bank transactions, buy stuff and have fun through the Internet, i.e., we do things that were unimaginable in the recent past.

All these activities have a common aspect, which is sending and receiving data. As a result, some websites have started to collect information that we make available while navigating, using it to predict our interests and then provide a more interesting navigation.

Therefore, such websites bring together people with similar interests, help people find certain products and make available new information on specific subjects. However, the companies involved in the data collection also realized that users` data may have other purposes, and started to manipulate and commercialize such information, mostly without authorization of its owners.

These data may be used in many different ways, such as for directing ads and offering certain products to users who revealed their interests through their data, as well as replacing items that an appliance with artificial intelligence has detected to have run-out, among other examples.

Certainly, considering the vast possibilities of use, such information now has a commercial value, since its use may determine the success or failure of a company.

Researches have found that the owners of the data tolerate the capture of such information, in return for something, for example services or discounts.

However, people have questioned the real value of such information. Does it have a higher value when it is related to a specific person, since it would be possible to identify their personal habits, or does it have a higher value when it is related to a group of people, since it would be possible to predict and analyze their behavior, regardless of the identity of those who are part of the group?

Among so many questions, we have a certainty: when Brazil´s new Data Protection Law ( Law 13709/98 or “LGPD” ) enters into force, it will become harder for companies to collect data without taking the risk of being severely punished.

This is because the Law sets forth that the user must be informed of any collection of their data, not only in connection with the content, but also about the purpose of such collection, which prevents such data from being collected only for the purpose of being offered to the other interested companies. The only exception to this rule is “anonymous data”, which are the ones whose owners cannot be identified. However, the definition of such term still generates a lot of controversy, since it is a relatively new subject and the term is not yet common usage.

The above-mentioned provision leads to a paradigm shift for companies that mine users’ information, since the use of anonymous data is very different from the use of personal data.

Whereas personal data are intended for more specific uses, anonymous data have value when grouped, enabling preparation of statistical reports, exploration of consumption habits of groups, application on improvement of platforms and products, among other uncountable uses.

Certainly, a lot of possibilities of use for data of all types will arise. However, a question remains: are such data being collected correctly?

There is no doubt that the users` information, whether personal or anonymous, can be used in many different ways and, consequently, has a market value.

Nonetheless, if the user prefers, would it be possible to navigate online without making available any personal data on the web? To consider this possibility is a bit ingenuous, since we furnish information all the time, and it is impossible to have an assurance that all of such information will be discarded – which, in any case, is impossible to be monitored.

Therefore, maybe the least harmful manner of using the Internet is quite similar to living the real life, which is being careful with the places we visit and not sharing our data with anyone. Also, we must be aware that, once we share our data, they will forever be available.

Source: Lexology - https://www.lexology.com/library/detail.aspx?g=7074460e-fce3-4fcc-beec-70d79028c46d