Big data e criptografia: o lugar do direito fundamental à privacidade diante das novas tecnologias da informação e comunicação

Abstract

The purpose of this paper is to investigate the impact of new information and communication technologies on the fundamental right to privacy. To do so, we will investigate the contemporary conception of privacy, from the comparison between the American and European cultures of privacy. The analysis of the new information and communication technologies will be made through the approach of two recent technological phenomena: big data and cryptography. The big date will be addressed taking into account the repercussions of state and private surveillance on individual rights, as well as alternatives for the protection of personal data will be presented. Encryption will be investigated as an instrument for protecting privacy and other fundamental rights, as well as as a shield against state surveillance, especially investigating solutions to the conflict between end-to-end encryption and the right to public safety