DATA PROTECTION AND PRIVACY AS A FUNDAMENTAL RIGHT: A COMPARATIVE STUDY OF BRAZIL AND INDIA

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Paulo Campanha Santana
https://orcid.org/0000-0002-3959-8770
Faiz Ayat Ansari
https://orcid.org/0000-0003-3431-4561

Abstract

This paper aimed to analyze how Brazil and India faced the challenge of a large amount of personal information being exchanged, stored, and analyzed. The relevance lies in the fact that data protection and privacy were concepts discussed almost everywhere in the world since the era of Big Data highlighted the challenge of protecting these fundamental rights. Therefore, the research problem was to analyze to what extent these countries effectively faced the challenge presented. The methodology used was exploratory and hypothetical-deductive. As a result, it was identified that the rights to privacy and personal data were not absolute and had to be balanced with other social interests, such as public security, law enforcement, and freedom of expression. It was concluded that inspired by international standards on the subject, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the General Data Protection Regulation (GDPR) of the European Union, both countries had legislative protection over these rights and a framework to address them. The legislation provided fundamental principles, but only time will show their effectiveness.

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How to Cite
Santana, Paulo Campanha, and Faiz Ayat Ansari. 2023. “DATA PROTECTION AND PRIVACY AS A FUNDAMENTAL RIGHT: A COMPARATIVE STUDY OF BRAZIL AND INDIA”. Journal of Liberty and International Affairs 9 (3):456-70. https://doi.org/10.47305/JLIA2393555cs.
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Author Biographies

Paulo Campanha Santana, Federal District University Centre, Brasília, Brazil

Mr. Paulo Campanha Santana holds a Post-Doctorate in Law and New Technologies from the Mediterranea International Center for Human Rights Research in Reggio Calabria, Italy, and a Post-Doctorate in Law from the University of São Paulo. He is pursuing a Post-doctoral in law with a specialization in legal science with a double degree, conferred by Itajai Valley University in Brazil and Delaware Widener University Law School in the United States. Additionally, Mr. Santana has a Ph.D. in Information Science from the University of Brasilia and is completing his Computer Science degree at Cruzeiro do Sul University. With a background as an Attorney, he has attained both Master's and Doctoral degrees in Law. Furthermore, Mr. Santana is the Coordinator of the Master's Program in Social and Labor Relations Law at the University Center of the Federal District.

Faiz Ayat Ansari, KIIT School of Law, KIIT Deemed to be University, Bhubaneswar, India

Mr. Faiz Ayat Ansari serves as an Assistant Professor of Law (Senior Scale) at KIIT School of Law, KIIT Deemed to be University (Institution of Eminence), located in Bhubaneswar, India. Simultaneously, he is a Ph.D. Research Scholar at the National Law School of India University in Bengaluru and actively contributes as a Researcher and Collaborator at the Mediterranea International Centre for Human Rights Research in Reggio Calabria, Italy. Before joining KIIT School of Law, Mr. Ansari held the position of Assistant Professor and Coordinator at the Centre for Constitutional Law and Policy (CCLP) at Parul Institute of Law, Faculty of Law, Parul University, Vadodara. He is an alumnus of Gujarat National Law University, Gandhinagar, where he pursued his LL.M. in Constitutional and Administrative Law.