Privacy and The General Data Protection Law (LGPD)

application and limits of legitimate interest

Abstract

This paper explores the application and limits of legitimate interest in the General Data Protection Law (LGPD), a crucial topic in view of the challenges brought about by the digital age, mainly because it is a legal basis for data processing that does not require the consent of the data subject, requiring a more in-depth analysis of the challenges of reconciling it with the fundamental rights of individuals involved in this practice, considering the legal requirements and demands brought by the LGPD. The objective of the research is to understand how the application of legitimate interest occurs in accordance with the right to privacy, data protection and its dynamics with the right to informational self-determination. The method consists of using qualitative bibliographic research to analyze the evolution of the concept of privacy, the conceptualization of legitimate interest in the LGPD, with the help of the interpretation brought by the General Data Protection Regulation (GDPR), as well as to analyze its practical implications. As a result, conflicts were identified between legitimate interest and the rights to privacy, data protection and informational self-determination, in view of which the LGPD establishes specific requirements to promote the balance between the interests of personal data processing agents and the rights of the data subjects, highlighting the importance of instruments such as the Balancing Test, the Impact Report and the right to object, also noting the need for greater clarity regarding the legal guidelines that regulate the application of legitimate interest.