O direito fundamental à proteção de dados pessoais no âmbito do Instagram: a tensão entre a autodeterminação informativa e a publicidade direcionada comportamental

Abstract

The Instagram, an internet application provider developed by Facebook, Inc., is a platform on which users manage a virtual cycle of friendships and share photos and videos with each other. To use the service, the individual needs to register and agree to the internal rules of the application. By carefully reading the Terms of Use, Data Policy and Cookie Policy, it is found that Instagram collects, manipulates and stores personal data of users. The purpose of this practice is to map the behavioral patterns of each profile in order to facilitate the targeting of advertisements. In the conjecture described, the problem of this work emerges: the tension between informative self-determination and Instagram's behavioral targeted advertising. Given the theme, the research, using the literature review procedure and the deductive method, aims to examine the interference of Instagram's behavioral targeted advertising on the free development of personality. And by demonstrating how the app's sponsored content violates the fundamental right to the protection of personal data - to the extent that it achieves informative self-determination. In order to achieve the general objective mentioned, the following specific objectives will be pursued: (i) justify the hermeneutic construction of the new fundamental right to the protection of personal data; (ii) examine the regulatory framework that protects personal data on the Internet; (iii) study the meaning of the terms “personal data” and “targeted advertising” according to the uniqueness of the information economy; (iv) analyze the sponsored content of the social network from the perspective of the Terms of Use, Data Policy and Cookie Policy; (v) elucidate how Instagram's advertising actions, even based on professional business freedom, unduly restrict informational self-determination. In conclusion, it was found that Instagram's advertising industry, while backed by the idea of entrepreneurial professional freedom, unduly undermines the right to informational self-determination.