OS NUDGES DIGITAIS E A POSSIBILIDADE DE SUA UTILIZAÇÃO EM MATÉRIA DE PROTEÇÃO DE DADOS PESSOAIS PELO PODER PÚBLICO

Abstract

This article aims to understand and to analyze whether it is possible, to the public authority, to use digital nudges as a tool to encourage data protection, especially when the State relates to individuals by electronic media. For this, the deductive approach through critical technique is used, so that the current data protection status in Brazil will be analyzed, as well as the role and responsibilities of public authorities in this context. In the sequence, it is intended to understand the foundations of behavioral economics and the emergence of nudges, for, in sequence, find out in which way that tool can be beneficial when used by the State in public policies, as well as if it is possible to use it in data protection matters. It will seek to highlight the process of digital instrumentation, which has been adopted by the Public Power, as in the case of Digital Government Law, and include examples of the use of digital nudges electronically, with the objective of understanding if there is a relationship of that makes it possible for governments to use them. Finally, it is concluded that it is useful and beneficial if the public authority use digital nudges with the purpose of encouraging citizens to adopt data protection measures, especially when using public protection for the purpose of protecting citizens, especially when a digital platform is used.