RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Administrative Law
Data Protection in a Global Context
Responsible Researchers:
Francisco Paes Marques
Francisco Paes Marques
Financing:
UIDB/04310/2020
UIDB/04310/2020
Project Status:
Ongoing
Ongoing
Summary
The project consists of carrying out a set of initiatives, from periodic meetings of researchers to reflect and analyze research results, to the participation of members of the research team in several national and international conferences on the topic, in addition to the organization of two to three international conferences and multidisciplinary with three to four panels composed of speakers from the States whose legal orders will be the subject of comparative study.
Objectives
The project has the following objectives:
a) Determine to what extent there is a ius commune at a global level in matters of Data Protection;
b) Identify the regulations and solutions found in third States, in the field of Data Protection, which result from the impulse of the General Data Protection Regulation;
c) Determine the existence of general principles, at a global level, in matters of Data Protection;
d) Reflect on how intensely the EU should impose its data protection rules on foreign service providers or third states.
Relevance
The General Data Protection Regulation constitutes the fundamental instrument of Data Protection at European level, introducing very significant changes in the legal orders of the Member States of the European Union. This instrument has become a source of inspiration for other legal orders, influencing third States, which ended up adopting data protection standards equivalent to those in force in the European Union, beginning to emerge an ius commune of Data Protection at a global level. The territorial scope of application of the GDPR, involving transnational data protection situations, has had an intense impact on third States, multinational companies and Internet users in general who move in global space. Consequently, either because the European Union is the largest economic bloc in the world, with companies wishing to operate in the European market having to adapt to these new requirements, or because the GDPR enshrines innovative and more appropriate solutions for the protection of data subjects. in a Rule of Law, Data Protection Law at European level has driven (or even forced) a series of reforms undertaken in this field in third States. We are therefore apparently witnessing a global movement towards more demanding and rigorous controls and levels of protection in terms of data protection.
Significant examples of what has just been mentioned are the transformations that have occurred in the legal systems of some global players. Thus, although the country does not have formal laws at federal level, there is some federal legislation that protects the use of data in general terms. With the devolution of power to the state level, several North American states have created their own laws on this matter. California legislation is considered one of the most innovative, through the California Consumer Privacy Act (CCPA), which recognizes robust privacy rights and consumer protections. The law allows state residents to establish ways in which their personal data is being collected and for what purposes it is being processed. Other states following similar guidance, with laws passed or in the process of being approved, include Alabama, Connecticut, Florida, New York, Washington, Illinois, Texas and Virginia.
Another significant example is Brazil, whose General Personal Data Protection Law (LGPD), Law No. 13,709/2018, was enacted to protect the fundamental rights of freedom and privacy and the free formation of the personality of each individual, applying regarding the processing of personal data, arranged in physical or digital media, by an individual or legal entity governed by public or private law, encompassing a wide range of operations that can occur in manual or digital media.
