Over the years, new technologies have been gaining more and more space in our lives. This can sometimes interfere with our privacy, thus generating new democratic challenges related to surveillance.
This month, June, LGBTQ+ Pride Month is celebrated in many parts of the world. But how are the new general data protection laws maintaining the legal advances that the LGBTQ+ community has achieved? For example: guaranteeing the use of... social name and the recognition of the gender identity of transvestite or transsexual people in service at any public administration location. It was therefore necessary to create legislation that could guarantee, as well as enhance existing laws, regarding the right to privacy and non-discrimination.
Data protection.
One of the mechanisms created for data protection was the General Data Protection Regulation (GDPR). The Regulation itself uses terms such as "sex life" and "sexual orientation" within its definitions. Whether discussing the practice of profiling or the material and immaterial risks of data processing, the terms are applied when dealing with the potential for discrimination, as well as data on racial or ethnic origin, political opinion, and other data recognized as "sensitive data."
Following the creation of the GDPR, several countries were influenced to create their own laws for the protection of their citizens' data. Here in Brazil, we had the creation of the General Data Protection Law (Lei Geral de Proteção de Dados).LGPDThe law defines sensitive personal data as any personal data that could generate any type of discrimination, such as data on racial or ethnic origin, religious beliefs, political opinions, membership in a trade union or religious, philosophical or political organization, data concerning health or sex life, genetic or biometric data.
The term "sexual life" is used worldwide, whether to guarantee equal rights or to persecute the LGBTQ+ population. Therefore, it is plausible to interpret "sexual life" as referring to sexual orientation, especially when considering the socio-political context of evolution regarding the recognition of rights for the LGBTQ+ community.
Despite the victories already achieved by the movement, there is still a long way to go and countless prejudices to be overcome. It is therefore necessary to always recognize the importance of including, and ensuring the continuity of, these issues in the updating or creation of new laws with such a significant impact on society.
