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Article

English, Portuguese

ID: <

oai:doaj.org/article:24230c8e6fa4478c97068577df979bf9

>

Where these data come from
Regulating the right to forgo in cyberspace: Heterogeneity of inequalities in the Public Posting Area of Legal Interests

Abstract

Propósito – The purpose of this article is to broaden the understanding of the diversification of public responsibilities present in the legislators’ intention to regulate the right to privacy and forgotten in Draft Law 7881/2014 and PLS 181/2014. Methodology/approach/design – The text adopts deductive reasoning, descriptive methodology combined with narrative analysis and theoretical reference in the General State Theory to explain the course of the intervention that dewatches the Regulating State. Results – The study identifies the international and economic inspiration of legislative proposals to meet the requirements of technological communication in a new market for corporate ownership of data and information. Practical implications – The article reinforces the argument of the diversification of public responsibilities and points to difficulties for the effectiveness of the proposed regulation in view of the technical complexity and asymmetry between users and search ombudsmen regarding access to and use of content stored in the virtual world. Originality/relevance of the text – The article points to contractual risks of the intense flow of internet exchanges and warns against the absence of a transnational state that comprehensively protects the right to privacy and forgotten, in front of the power of large corporations.

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