O tratamento de dados pessoais sensíveis nas empresas do setor da saúde, segundo a Lei Geral de Proteção de Dados (LGPD)

Abstract

According to the survey “The end of the beginning - Unleashing the transformational power of GDPR”, carried out in 2018, 60% of companies have already adopted data processing in the European Union. In Brazil, the forecast is that in 2020 the General Data Protection Law (GDPL) will come into effect, totally changing the scenario of data processing in the country. The present study aims to examine the legal requirements brought by GDPL to healthcare companies, in order to outline procedures and practical options for compliance with the implementation of data processing related to its new reality and make it impossible, as much, as administrative fines against this type of companies. The research problem tries to answer the following question: what are the pillars of compliance that can be structured in companies in the health sector so that they adapt to the treatment of sensitive personal data, according to the GDPL? To arrive at this answer, it was treated in the first chapter on the economic importance of relevant data in the world and national scenario, justifying the need to create a need to protect personal data of customers / consumers. Subsequently, in the second chapter, a technical analysis was made on the new data regulation of the European Union with that of Brazil and what are the main requirements brought to it for the treatment of sensitive personal data in the scenario of healthcare companies. In the third chapter, we sought to point out compliance as a possible strategy for adapting companies in the health sector to the new reality that lies ahead. As a research methodology, this work made use of the qualitative approach, with bibliographic research procedures, international and national legislation, already documented statistics, books, scientific journals and internet network, adding to this the nature of applied research, with the delivery Data Consent Form. Not final, it was concluded that the compliance program, with special attention to the code of conduct and the code of ethics, using the Caldicott principles, is a very useful tool to meet the legal requirements brought by the new legislation to brazilian companies in the sector of health.