Algorithmic recommendation systems and the violation of data subject rights under the LGPD (BR)

Abstract

With the development of algorithmic recommendation systems, we face a global problem and growing concerns related to the privacy and security of personal data of internet users. Such concerns have led countries to enact legislation that ensures the proper handling of these data by companies and respects the rights of data subjects, such as the right to privacy, informational self-determination, transparency, and informed consent. In Brazil, we have the General Data Protection Law (LGPD), which encompasses guidelines regulating the processing of personal data and seeks to protect the fundamental rights of freedom, privacy, and the free development of each individual’s personality. Thus, this research aimed to analyze how the LGPD responds to the violation of data subjects' rights by algorithmic recommendation systems. To achieve this, a theoretical research approach was applied, with an inductive approach, and the data were analyzed qualitatively. The research is justified as it proposed to study the topic from the perspective of the importance of personal data protection in the face of the growth of recommendation systems and the possible violations of data subjects' rights guaranteed by the LGPD. It is expected that the results will contribute to a better understanding of the ethical, legal, and social implications of the use of algorithmic recommendation systems in the field of law, promoting the protection of data subjects' rights and guiding the adoption of more responsible practices in the context of these Technologies.