The right to health in light of federal law no. 13,709/2018 – General Personal Data Protection Law (LGPD) Vandré Cabral Bezerra, Marcelo Chuere Nunes, Marcelo Chuere Nunes, Amélia Cohn, Amélia Cohn

Abstract

This article seeks to analyze the right to health based on Federal Law No. 13,709/2018, discussing the perspectives of health as a public good or as a commodity subject to commercialization. We are aware of the possibility that this law does not fully foresee and contemplate the processing of personal data, especially those related to the patient's health, compromising the meaning of health as a public good, defining it essentially as a commercializable good. The analysis of the innovation brought by the General Law for the Protection of Personal Data (LGPD) would not cover all the necessary processing of health data, making cyberattacks not only viable but frequent, transforming this criminal action into a highly profitable activity. A bibliographic and documentary research was carried out, with analysis of the materials in a theoretical, qualitative and exploratory manner, using a deductive approach. In view of this review, it was possible to elaborate the central question proposed in the article, offering readers a direction for inquiries about the chosen topic.