State protection of personal data and civil liability of service providers in the digital age

Abstract

This study addresses the challenges related to personal data protection and the civil liability of internet service providers within the context of the information society and the growing presence of foreign digital platforms. The objective of the research is to analyze the main obstacles faced by the Brazilian legal system in ensuring the effective protection of personal data, the accountability of service providers, and the enforcement of judicial decisions in the digital environment. The study adopted a bibliographic and documentary research methodology, based on the analysis of current legislation, especially the General Data Protection Law (LGPD) and the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), as well as legal doctrines, scientific articles, and judicial decisions related to the subject. The results showed that, despite the legislative advances achieved in recent years, significant challenges remain regarding the effectiveness of data protection, the prevention of security incidents, the transnational operation of digital platforms, and the enforcement of court decisions. It is concluded that the protection of fundamental rights in the digital environment depends on strengthening digital governance, international legal cooperation, the performance of regulatory authorities, and the continuous updating of legal mechanisms in response to technological developments.