Minimization and proportionality in data collecion

Abstract

The article deals with the application of the principle of proportionality in the LGPD, analyzing its use in several legal institutes created by the LGPD, its impact on data minimization, its conservation over time, passing through the requirement of adequacy and need for data handled by the controller. The data may only be used, as a rule, during the period not exceeding that necessary to meet its purpose. Although the law does not establish the concept of duration in its text, it should be based on the principle of proportionality, based on an intrinsic criterion defining the needs attributed to the treatment, but also considering the extrinsic criteria resulting from legal norms. The processing of sensitive data is, of course, also governed by proportionality, as they are liable to create serious risks for its owners. Finally, proportionality is also present when the law requires the “impact analysis” of certain data processing, either in the face of the relevant social implications they represent, or using automated processing which, in itself, brings the danger of creating false and biased “profiles” of the holder. The research method used was qualitative, with bibliographic and jurisprudence research as a specific methodology.