CIVIL LIABILITY OF MUNICIPAL PUBLIC ADMINISTRATION FOR VIOLATION OF PERSONALLY SENSITIVE DATA:

CONTEMPORARY DEBATES ON SMART CITIES

Abstract

The article conducts an in-depth examination of the confluence among civil liability, intelligent urban development, and the safeguarding of confidential health-related personal data, under the purview of domestic legal frameworks, with a particular focus on the General Data Protection Law (LGPD). This research, structured as a literature review with an exploratory aim, juxtaposes the scrutinized scholarly works with statutory mandates, such as the Federal Constitution, LGPD and the Civil Code, as well as jurisprudential outcomes, predominantly from the Supreme Court. The discourse commences with an exposition of the health-related functionalities within intelligent cities. Subsequently, it delves into the multifaceted obligations to preserve the privacy of citizens’ health-related sensitive data, succeeded by an analysis of municipal accountability in instances of data infringement. This encompasses an exploration of the interplay between data protection and the municipality’s fiscal wherewithal for technological and informational security investments. The treatise culminates by underscoring the imperative for the legal fraternity and authoritative entities to be well-equipped to address the intricacies surrounding the defense of individual health data privacy, advocating for the integration of a data-centric ethos within municipal governance.