HABEAS DATA AND INFORMATIONAL SELF-DETERMINATION IN THE INFORMATION SOCIETY: A CRITICAL COMPARATIVE ANALYSIS AND A REGULATORY INTERVENTION DIAGNOSIS (RIA) FOR THE PROTECTION OF PERSONAL DATA AND PERSONALITY RIGHTS

Abstract

This article synthesizes the evolution of the right to personal data protection in Brazil, contrasting the historical constitutional remedy of habeas data (HD) with the broader concept of informational self-determination (ISD). Originally designed to enable citizens to access and rectify information held in public databases, HD has proven inadequate for safeguarding rights within the Information Society, due to its limited scope and procedural constraints. The research employs a Regulatory Impact Analysis (RIA) to diagnose this inefficacy, concluding that effective protection requires the recognition of ISD as a substantive fundamental right. It further advocates for the revitalization of habeas data by assigning it a subsidiary role and aligning it with more robust instruments, such as the General Data Protection Law (LGPD). The study proposes specific regulatory interventions to ensure that HD provides more effective control over the circulation of personal data and the protection of personality rights.