A proteção de dados pessoais como um direito fundamental autonômo na atual sociedade da informação

Abstract

The emergence of new information technologies at the end of the twentieth century greatly affected contemporary social organization and allowed the constant vigilance of individuals, who constantly receive new threats to their fundamental rights. The notion of privacy is no longer sufficient to fully protect individuals in the information society, due to the increased risk of damage to individual rights, giving rise to a new protective instance, namely the right to the protection of personal data. This monograph seeks to analyze how the new right is configured, which is now understood as fundamental, especially when considering the new information age. Thus, we seek to develop a study in an interdisciplinary perspective through bibliographic research, through deductive reasoning and exploratory legal method. Thus, firstly, a study about the current information society will be developed, analyzing, from a historical perspective, how individuals have been constantly monitored. Some of the impacts of new technologies on contemporary society will be examined and the main international and national normative forecasts on the subject will be analyzed. The European Regulation, the Internet Framework and the the General Personal Data Protection Act. It will also investigate the main fundamental rights involved, as well as the risks to which individuals are subjected when improperly processing their data. Finally, the main features of the novel law will be highlighted, by conducting a study on the recent Draft Constitutional Amendment No. 17/2019 which, if it enters into force, will amend the constitutional text to encompass the protection of fundamental rights of personal data as an autonomous right.