THE PROTECTION OF PERSONAL DATA AS A NEW KIND OF PERSONALITY RIGHT

Abstract

The last decades have been marked by a spectacular scientific-technological advance. In addition, the globalization process has increased the flow of social and economic relations between countries, especially after the advent of the Internet. It is in this environment driven by technological evolution that the so-called information society is born. The protection of personal data emerges as a potential right of personality to be protected by law. The research problem, then, lies in the theoretical arguments to justify this new kind of personal right. The aim of this paper is to clarify the legal nature of this new figure. To answer the research problem, we opted for the bibliographic exploration of specific texts in the area and the predominant use of the deductive method. When examining the central theme, it was found that the category of personal rights is not closed, that is, it is possible the emergence of new social aspects worthy of legal protection. At the end, it was concluded that the right to the protection of personal data is a new right of the personality.