Federal Law No. 13,709/2018 – General Personal Data Protection Law (LGPD) – and the right to health as a public good: interpretation for the protection of personal data as a fundamental human right Marcelo Chuere Nunes, Vandré Cabral Bezerra, Amélia Cohn

Abstract

This article seeks to analyze Federal Law No. 13,709/2018 based on fundamental human rights and its relationship with the protection of sensitive data involving health data. Aware of the possibility that this law does not provide for and does not fully treat personal data, especially those related to the health of individuals, an interpretation is proposed in accordance with the Constitution to define ways of processing sensitive health data, as well as the proposal to establish a National Data Protection Authority linked to the Unified Health System. The new General Law on the Protection of Personal Data (LGPD) would not guarantee the interpretation of health as a public good, thus, an interpretation was elaborated based on doctrine and constitutional provisions, which established that the fundamental human right to the protection of personal data is a public good when it deals with health data. A bibliographical 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 to establish an interpretation of the General Law on the Protection of Personal Data in accordance with the Constitution regarding the processing of personal data in health.