Publicação
Navigating Privacy Boundaries: A Comparative Analysis of GDPR and LGPD in the Context of Sexual Orientation Data
| Resumo: | This thesis conducts a comprehensive comparative analysis of the General Data Protection Regulation (GDPR) of the European Union (EU) and the Lei Geral de Proteção de Dados (LGPD) of Brazil, focusing specifically on the handling of sexual orientation data. Despite the robust frameworks of both GDPR and LGPD, there exists a significant gap in the literature regarding their specific provisions and application to sexual orientation data. This study aims to fill this gap by identifying and examining relevant articles and clauses within each regulation that pertain to the collection, storage, processing, and protection of this sensitive data. The research explores the regulatory landscape, comparing the similarities and differences in the approaches of GDPR and LGPD, including definitions, principles, legal bases for processing, and protections afforded to sexual orientation data. Additionally, it identifies the compliance challenges faced by data controllers and processors and assesses the implications for individuals and organisations. The study's significance lies in its potential to contribute to both academic research and practical applications in data protection, particularly for the LGBTQIA+ community. By providing insights into the regulatory environment and its practical implications, this research advocates for stronger data protection measures to safeguard the privacy and rights of LGBTQIA+ individuals, and offers valuable guidance for policymakers, legal professionals, and organisations operating in multiple jurisdictions. |
|---|---|
| Autores principais: | Bruno Kneip Kratz |
| Assunto: | LGBTQIA+ Law and Technology Digital Privacy Data Protection Sensitive Data Proteção de Dados Dados Sensíveis Direito e Tecnologia Privacidade Digital |
| Ano: | 2024 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso embargado |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | This thesis conducts a comprehensive comparative analysis of the General Data Protection Regulation (GDPR) of the European Union (EU) and the Lei Geral de Proteção de Dados (LGPD) of Brazil, focusing specifically on the handling of sexual orientation data. Despite the robust frameworks of both GDPR and LGPD, there exists a significant gap in the literature regarding their specific provisions and application to sexual orientation data. This study aims to fill this gap by identifying and examining relevant articles and clauses within each regulation that pertain to the collection, storage, processing, and protection of this sensitive data. The research explores the regulatory landscape, comparing the similarities and differences in the approaches of GDPR and LGPD, including definitions, principles, legal bases for processing, and protections afforded to sexual orientation data. Additionally, it identifies the compliance challenges faced by data controllers and processors and assesses the implications for individuals and organisations. The study's significance lies in its potential to contribute to both academic research and practical applications in data protection, particularly for the LGBTQIA+ community. By providing insights into the regulatory environment and its practical implications, this research advocates for stronger data protection measures to safeguard the privacy and rights of LGBTQIA+ individuals, and offers valuable guidance for policymakers, legal professionals, and organisations operating in multiple jurisdictions. |
|---|