The right to data protection from the view of user vulnerabilities

Abstract

This text discusses the legislation regarding data protection from the perspective of the vulnerability of users to cyber attacks that occur in Brazil. Based on the fact that the country is one of the countries that suffers the most from this type of occurrence, the objective is to verify if the positive norms lend themselves to guaranteeing data security. When comparing the rules set with the statistical data, it is clear that most vulnerabilities are the product of the human factor, hence why simple regulation has been insufficient to achieve the objective of the legislation. In this sense, digital education, as a public policy, to be implemented at all levels of education and to include all age groups, forms, together with the legislation, a necessary amalgamation for the protection of this new right. The study was supported by bibliographic, documentary and jurisprudential research, using the deductive method and with the succession of four stages. The first presented the reasons why legal protection of personal data is necessary; later, data protection was presented as a new fundamental right; in the third stage, the vulnerabilities of the internet user to cyber attacks were discussed; in the last topic, it was about digital education.