The civil framework for the internet and the transversal protection of personality rights: a look at privacy in the digital and international regulatory challenges

Abstract

This article investigates the cross-cutting nature of the protection of personality rights in the digital environment, with an emphasis on the protection of privacy, in the light of the Marco Civil da Internet (Law 12.965/2014). The research is based on the following question: how can the Marco Civil da Internet guarantee the protection of personality rights, especially privacy, in the face of the global challenges posed by the information society and technological advances such as Big Data and Artificial Intelligence? The hypothesis suggests that although the Marco Civil establishes important guarantees, such as net neutrality and the protection of personal data, there are regulatory gaps that compromise the effectiveness of the protection of personality rights in the digital environment. This calls for a more robust, transversal and supranational approach, taking into account that the global nature of the internet requires the creation of regulatory frameworks through international treaties, rather than exclusively national or constitutional standards. The general objective of this study is to analyze the impact of the Marco Civil da Internet on the protection of personality rights, with a focus on privacy, and to assess how this legislation can be improved to meet the challenges brought about by new technologies. Using the deductive method, the research carries out a bibliographical review and documentary analysis, as well as examining related legislation. It concludes that, despite the advances made by the Marco Civil da Internet, there is a need for more specific and comprehensive regulation to ensure effective protection of privacy in the digital environment. To this end, it is essential that the new regulatory standards are established in a context of international cooperation, through treaties, in order to reconcile technological development with the protection of fundamental personal rights.