SCOPE OF CIVIL LIABILITY OF THE DOCTOR AS A DATA PROCESSING AGENT IN THE BRAZILIAN GENERAL DATA PROTECTION LAW IN COMPARISON TO THE GENERAL REGULATION ON DATA PROTECTION OF THE EUROPEAN COMMUNITY AND THE RULES OF THE FEDERAL COUNCIL OF MEDICINE José Carlos Massarelli Jr., Verônica Scriptore Freire e Almeida

Abstract

 Faced with legislative changes related to data processing in Brazil, aswell as in Europe, as a means of protecting the particular data of those who use,especially, digital communication tools, a pressing question arises for those who workwith medicine. digitization of their patients' care and treatment, by virtue of theaccountability that the General Data Protection Act, which will come into force in August 2020, will bring about data-processing agents and their scope about doctorsusing this data. For this, an exploratory research is necessary between the differentnational and international legal degrees, especially those of the European Community,precursor of the protection of the data of the natural person, as well as by the rulesimposed by the Federal Council of Medicine, to the search of these possibleconsequences. This is a new subject, but it has important consequences for healthprofessionals. Thus, this paper seeks to scrutinize existing legislation and data on thesubject and related legislation in Brazil and Europe. Therefore, it is used exploratoryresearch of qualitative analysis as a methodology. The results seek to support furtherin-depth studies on the subject, given the relevance of the theme and its implications.