The civil responsibility for parental consent contrary to the best interest and the child's very personal rights in the General Data Protection Law

Abstract

The study thematizes art. 14 of the General Data Protection Law (LGPD – Law n. 13.709/2018), especially with regard to parental consent that governs the analysis of data of the minor carried out in disagreement with the best interest of the child. A hermeneutic analysis of the legislative text will be carried out to highlight the lack of adequacy of protection directed exclusively to children and adolescents as a necessary instrument for the development of the minor's personality. In the end, it is observed that the enactment of the LGPD enshrines an important regulatory framework for the internet, with direct effects on the field of civil liability. However, there are some flaws in the legal text, among them that of an alternative capable of replacing parental consent when it affronts the minor's legal rights and guarantees. The hypothetical-deductive method of approach was adopted, with a bibliographical and documental review research technique.