PERSONAL DATA PROTECTION OF CHILDREN AND ADOLESCENTS ON DIGITAL PLATFORMS: CHALLENGES TO THE EFFECTIVENESS OF THE BRAZILIAN GENERAL DATA PROTECTION LAW (LGPD) FROM A HUMAN RIGHTS PERSPECTIVE

Abstract

This study analyzes the effectiveness of Law No. 13.709/2018 (General Data Protection Law – LGPD) in protecting the personal data of children and adolescents on digital platforms, from a human rights perspective. It begins with the recognition of data protection as a fundamental right, reaffirmed by Constitutional Amendment No. 115/2022, and the need to guarantee specific safeguards for children and adolescents due to their digital vulnerability. The central objective is to understand to what extent the LGPD ensures the effective protection of the privacy and dignity of children in the face of the logic of data collection and commercialization in the virtual environment. The research, of a basic nature and qualitative approach, adopts the deductive method and bibliographic procedure, based on legislation, doctrines, and reports from national and international organizations. It was found that, although the LGPD represents a normative advance, its practical application still faces barriers such as informational asymmetry, lack of digital education, and the fragility of oversight mechanisms. It is concluded that data protection for children requires coordinated action between the State, society, and digital platforms, consolidating privacy as a contemporary expression of human dignity.