DADOS PESSOAIS SENSÍVEIS DA SAÚDE E LIMITES À FLEXIBILIZAÇÃO DO DIREITO À PRIVACIDADE NO CONTEXTO DA COVID-19 NO BRASIL

Abstract

The COVID-19 pandemic exposed the deep blemishes of inequality surrounding the world, but also unveiled the multiple possibilities for applying new technologies to confront and control the spread of the disease. Big Data technology linked to geographic and contact tracing emerges as a real possibility for disease control. However, the rising problem consists of the excessive flexibility of the right to privacy and to the protection of sensitive personal data, which deserves the creation of beacons to impose limits on the collection and processing of data without purpose deviations. The article aims to shed light on the necessary balance between the right to privacy and the right to health, with focus on the protection that should be guaranteed to sensitive personal data. For this purpose, bibliographic review methodologies were used, as well as-state-of-the-art topics such as surveillance and the right to privacy. Finally, it was concluded that there is a possibility to establish limits to the flexibilization of the right to privacy and data protection in Brazil even when facing emergency situations, guided by principles such as necessity, purpose, reasonableness and proportionality. Brazil shows delay in the incorporation of such new technologies, which is suggested for future confrontations of new pandemics.