Funções dos órgãos de proteção de dados: um estudo comparativo entre a Autoridade Nacional de Proteção de Dados (ANPD) e o Comitê Europeu de Proteção de Dados (CEPD)
In the Information Society, regulations have been developed around the world whose main objective is to establish limits to data processing activities, safeguarding the right to data protection of the holders. In this sense, the European Data Protection Regulation (GDPR) was developed, becoming a le...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/53165 |
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| Resumo: | In the Information Society, regulations have been developed around the world whose main objective is to establish limits to data processing activities, safeguarding the right to data protection of the holders. In this sense, the European Data Protection Regulation (GDPR) was developed, becoming a legal framework in the area. Inspired by the European law, the Brazilian legislator created the General Data Protection Law (LGPD), with provisions similar to those provided for in the other legislation, including the creation of a body whose action is focused on the application of its determinations. Thus, the following problem arises: would the National Data Protection Authority (NDPA) and the European Data Protection Board (EDPB) have identical functions, since the creation of the Brazilian body was influenced by the development of the European body? Therefore, the general objective of the this study is to compare the functions of the indicated data protection bodies, while the specific objectives are: a) to outline the characteristics and context of creation of N and EDPB; b) analyze the legal basis of each one of them, namely the European Regulation and the General Data Protection Law, aiming at understanding their parameters and legal limits; and c) study the functions of these bodies, in order to establish the theoretical and practical differences and similarities between them. The methods chosen for collecting information were bibliographical and documental. As for the nature, a basic research with a descriptive objective was carried out, under the deductive approach, with a qualitative focus. In conclusion, it was found that, although the General Data Protection Law was inspired by the General Data Protection Regulation, it brings broader attributions to the National Authority, whose performance will be multifaceted. The European Board, because it is located in a protection system of a regional group, is not the only body responsible for data protection, making it not necessary to exercise all functions, but mainly the guidance, which is its focus. |
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