A proteção de dados pessoais na publicidade direcionada pelas redes sociais

Abstract

The internet has ushered in an interconnected world, enabling the rapid exchange of information and real-time communication between people in different parts of the world. Social networks are currently one of the Internet applications that make the most use of users' Personal Data and browsing patterns to operate services within their platforms, including targeting Advertising based on this collected data. This research analyzes whether this practice is fully in line with Brazilian legislation, especially the General Personal Data Protection Law (Law n° 13.709/2018). In view of this, the following research problems stand out: how is the Personal Data of social network users processed and transmitted? Is the practice of Targeted Advertising based on the collection of Personal Data by social networks compatible with the General Personal Data Protection Law? The hypothesis is that various techniques are used to collect and process users’ personal data and that there is a lack of clarity about how these techniques work. The general objective is to analyze how Personal Data used for Targeted Advertising purposes by social networks is processed in order to identify whether it is compatible with Brazilian legislation on the subject. The first chapter describes the emergence of cyberspace, how communication networks have expanded over time and how social networks are used for marketing purposes. The second chapter explains the vulnerability of Consumers in commercial relations, analyzes the provisions of the Federal Constitution and laws regarding privacy and deals with the observance of consent by Data Controllers. The third chapter discusses the tactics used by social networks to target ads based on user behavior, analyzes the role of algorithms in the precise identification and segmentation of target audiences for Targeted Advertising and deals with the possible violation of the Principle of Transparency provided for in the LGPD by Personal Data Controllers. Considering the hypotheses presented, contradictions were found between the provisions of legislation and the privacy policies of social networks, which act as Controllers of Consumers Personal Data, which is used for Targeted Advertising purposes. Finally, it was concluded that greater Transparency would allow users consent to be granted in a truly informed and voluntary manner, thus ensuring compliance with the guidelines established by legislation and promoting a more equitable relationship between digital platforms and their users.