IMPACTO DA LEI GERAL DE PROTEÇÃO DE DADOS PERANTE A HERANÇA DIGITAL

Abstract

The objective of this paper is to analyze the impact that the Data Protection Law has on digital inheritance, analyzing doctrines and judgments regarding the possibility or not of digital assets being transmitted to heirs after the user's death. In this context, it is clear that technology has been impacting society in general, the incidence of technological advances and innovations in the contemporary world. This becomes evident when we notice that, for example, interactions, which were previously carried out through face-to-face meetings and recorded in photo albums, are now carried out on digital conversation platforms and published on social networks. But that is not all. The list of what can currently be done in a digital environment is almost endless, and this digitalization ranges from conversations, photos, purchases, banking transactions, to games, films and series that are viewed through online platforms. Derived from this thought, we initially began to analyze the General Data Protection Law, and how its applicability is effective in the context of digital inheritance. Afterwards, the right to personal data was analyzed, addressing its conceptualization and the way it is treated. Finally, the extinction of the personal data of a natural person was studied, as well as succession in general, digital inheritance, and the scope of the internet in relation to data and digital assets left by the deceased. In summary, the work allowed us to conclude that, although the LGPD is a necessary law, bringing several important concepts about data subjects and data processing, there is no provision in our legal system regarding the death of the data subject. In this regard, it is observed that the protection of digital inheritance is essential to protect the personal data rights of the deceased.