From right to written : an inquiry into the codification of a right to data

Abstract

This thesis analyses Brazil’s Lei Geral de Proteção de Dados, and Marco Civil da Internet in an attempt to answer the question: "to what extent is the right to Data Protection entrenched in Brazilian legislation?”. The investigation applies a black letter analysis approach to the laws, surveying the values at the their foundation, the systems they put in place, and the procedural tools made available within that system. It concludes that while the values contained in the laws are consistent with a right to data protection, and the systems built give a strong framework for application, the right is jeopardized by a politicization of procedural tools.