PROTEÇÃO DE DADOS PESSOAIS NO VAREJO FARMACÊUTICO:

O CONFLITO ENTRE A EXPLORAÇÃO COMERCIAL DO DADO SENSÍVEL E A TUTELA DA SAÚDE

Abstract

Although personal data protection in pharmaceutical retail gained greater prominence with the enactment of Law n° 13,709/2018, the General Data Protection Law (LGPD), the Brazilian legal system already had normative mechanisms aimed at protecting privacy and the adequate processing of sensitive information, such as the Federal Constitution of 1988, the Consumer Defense Code, Law n° 12,414/2011 (Positive Credit Register), and the Internet Civil Framework (Law n° 12,965/2014). Nevertheless, the practice of collecting personal and sensitive personal data for commercial purposes persists in pharmaceutical retail, highlighting a compliance gap through the prioritization of profit over legal certainty and privacy protection. Thus, the present work aims to examine this reality. To this end, a qualitative approach was used, based on bibliographic and documentary research, analyzing the doctrine on surveillance, consumption, and fundamental rights. It was concluded that, despite the solidity of the normative framework established by the LGPD, the practice of collecting sensitive health data for commercial purposes (such as discounts) exposes a persistent fragility in transparency and an imbalance in the consumer relationship, which requires the continuous application of the legislation and the supervision of the National Data Protection Authority (ANPD) to ensure compliance.