Utilização algorítmica de dados transnacional: os impactos jurídicos do ciberespaço na proteção de dados e nos conceitos de estado, soberania e territorialidade

Abstract

The algorithmic use of data for content targeting purposes is an unstoppable reality in everyday social life. It is through the capacity of these algorithms that platforms are able to profile their users in order to direct information and advertisements to interest individuals in what they would like to consume. This cycle of capturing users’ attention is what is called the attention economy. Data processing is a complex process, consisting of several steps that can be carried out from different countries. Given this context of expanding the lives of individuals in the digital reality and the transnationality of cyberspace, natural conflicts arise from social interaction, anda, with it, doubts about the application of jurisdiction and the applicable legal system due to the complexity of data processing stages. Furthermore, from this context, cyberspace provides the opportunity for the creation of new forms of colonialism and the use of force not yet addressed by international law. In this sense, what is pursued in this work, through bibliographical research, is to identify how the traditional concepts of State Theory and International Law can be adapted to the cross-border reality of cyberspace. As a result of the research, it is concluded that the concept of sovereignty must involves the repercussions of a fact for its citizens and the need for general norms of public and private international law in order to standardize the legislation applicable to each phase of the processing of personal data.