ABSTRACT
Using a postcolonial methodology, which places the subaltern relationship between Brazil and Europe at the core of research analysis, this essay addresses the research question: To what extent does Eurocentric hegemony influence the Brazilian data protection legislation in stimulating innovation? Firstly, this paper argues that the uncritical replication of the European General Data Protection Regulation (GDPR) in the Brazilian General Data Protection Law (LGPD) incentivizes innovation. It provides data subjects with rights to contest data monopolies and allows entrepreneurs to be flexible in their technological choices to meet data protection requirements. On the other hand, this essay posits that in Brazil, where the rule of law is relatively weak, legal uncertainty stemming from the replicated principle of ‘purpose limitation’ hampers innovation. Furthermore, the uncritical introduction of the principle of ‘privacy-by-design’ without a further requirement for the state of the art discourages Brazilian entrepreneurs to develop new and more compliant technologies. Finally, the paper advocates that stimulating innovation through the Brazilian data protection regime favours European rather than Brazilian firms. The main consequence is that this process widens the technological gap between both regions, increasing the economic dominance power of the former over the latter. This paper concludes that data protection regimes – such as any other- should not be uncritically transplanted from Western countries into Brazilian legislation. One should assess whether such reproduction is suitable to local specificities and whether it is not just another facet of the expansionist dominance project of European countries over the Global South.
Canaan, Renan, Stimulating Innovation through Personal Data Protection Regulations: Assessing the Replication of GDPR into LGPD (June 1, 2022).
First posted 2022-07-19 14:30:12
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