New Technologies and the Impact on Personality Rights in Brazil

Abstract

As technology continues to evolve at an exponentially increasing pace, it transforms our lives and societies, thus shaping our perceptions of reality with high speed and impacting the relationship between the individual and the society, including businesses and, as a result, the legal system. The young area of law is trying to explore the effects of new technologies in our relationships with it, as well as identify the best use of new technologies to reduce the gap among new technology, new societal behaviors and various legal systems. The purpose of this paper is to examine the current uses of wearable technologies in Brazil and the legal issues emerging from the various uses of these technologies and their impact on personality rights. So, to what extent do the Brazilian users of emerging technologies appreciate the terms and conditions agreed by themselves and their impact on personality rights? The authors used empirical quantitative data from a cross-section of Brazilian users to explore the level of awareness in regards to the terms and conditions associated with the use of emerging technologies and the impact on their personality rights. The authors found that the large majority of these users of technology are unaware of the adverse impact of the agreed terms and conditions on their personality rights. Furthermore, they are also unaware of the basics of how the technology operates and therefore are unable to enforce their rights. The research is based on data collected by using only one survey with a sample of 500 students from three universities in three Brazilian States with an age range between 18 and 40 years old. This paper extends the previous research on the impact of emerging technologies on personality rights and demonstrates with empirical data that there is a serious risk of erosion of such rights. Furthermore, this research provides a unique insight into the users of emerging technologies in the emerging Brazilian market and the impact on the Brazilian legal system.