Informational self-determination: The name may sound strange, but "informational self-determination" means the power that each citizen has over their own personal data. This means that, under certain circumstances, that is, when a person can make this choice, they can decide whether their data will be collected, processed, and shared.

This right to control one's own personal data is a step forward for consumers, who can choose which companies store information about them such as address, documents, phone number, email, etc.

It is worth remembering, however, that this informational self-determination has limitations. When this right conflicts with the public interest, for example, the person does not have total control over their data, as is the case with political figures.

An example of this was the decision of the Supreme Federal Court in the judgment of the precautionary request issued in ADI 6.387. On that occasion, the constitutionality of MP 954/2020 was analyzed, which provided for the sharing of telecommunications user data with IBGE to produce official statistics on the pandemic. In that decision, it was indicated that it is possible to recognize the constitutional basis for the right to privacy and protection of personal data, and that the right to data protection is not absolute.

How to guarantee informational self-determination

When it comes to commercial relationships and there is no public interest involved, your clients can indeed have control over their own personal data. They have the right to request... deletion, alteration and anonymization of the information about them that is handled by your company.

Consumers also have the right to protection of their data. Your company has a duty to act in defense against leaks and intrusions that could harm customers morally or materially. An example of this is an organization failing to protect itself against leaks of phone numbers and cybercriminals gaining access to this information.

They can contact customers, impersonating the company and requesting payments, which is a common scam nowadays. Therefore, each institution should have a prevention plan to ensure that its customers' personal data does not leave the company's control.

Educate your customers about privacy.

We are experiencing a cultural shift related to data protection and privacy worldwide. The General Data Protection Law (LGPD) has been in effect in Brazil since 2020 and will begin applying penalties in August 2021.

Gradually, citizens will gain more knowledge about their own rights and what to do when their data is shared without authorization, or when they receive unwanted calls and messages.

If you already consider privacy a core value of your company, it's worthwhile to educate and inform your customers about it. Talk about the actions your institution already takes to keep data secure and what rights consumers have regarding their data.

If you already have a form for handling these requests and a DPO prepared to address data-related issues, make it clear on your website or social media how your company is prepared for this new shift in consumer relations. This way, you maintain a more transparent relationship with your customers and avoid penalties under the new legislation.

Informational self-determination is an essential right for consumers and a responsibility for businesses. Ensuring that customers have control over their own data is not only a legal requirement, but also a way to build trust and transparency in business relationships.

In addition to adopting security measures to prevent leaks and unauthorized access, it is essential to educate the public about privacy and data protection. Companies that demonstrate commitment to the LGPD (Brazilian General Data Protection Law) differentiate themselves in the market and create stronger relationships with their customers.

Therefore, more than an obligation, data protection should be seen as a strategic value. Being prepared for this new reality not only avoids sanctions but also strengthens the company's image in a scenario where privacy is becoming increasingly relevant.