This article addresses the need to construct an effective regulatory law for data protection in the Brazilian context. In this sense, the research problem that emerges consists of what new configuration do personality rights assume in the context of the information society and what are the main challenges that arise, in this scenario, for the construction of a regulatory law for data protection? In order to answer the proposed problem, a hypothesis arises that discusses to what extent the information society requires a careful look at the issue of the effectiveness of personality rights, to the extent that the classical reading of these rights – as embodied in articles 11 to 21 of the Brazilian Civil Code – has not been considered sufficient to face the challenges that this model of society presents for this topic. In this sense, it is understood that the information society requires an expansion of personality rights in view of the human and social complexity of this societal model, which challenges the law to construct a regulatory framework that considers this complexity. The general objective of this research is to analyze the main challenges that arise in the context of the information society for the effective protection of the new configuration that personality rights assume in this context and to assess the limits and possibilities of constructing a regulatory law that contemplates this complexity. The hypothetical-deductive method developed through the bibliographic-documentary research technique and the monographic procedure technique was used.
Read full abstract