THE (IN)EFFICACY OF CONSENT FOR THE PROCESSING OF PERSONAL DATA

Abstract

The article discusses the ineffectiveness of consent in the context of personal data protection. Although traditionally seen as an essential mechanism, consent faces challenges in the digital age, where privacy policies are complex and often not understood by users. Consent fatigue is common, with many individuals accepting privacy terms without prior reflection and discernment about the future. The situation is aggravated by the prevalence of algorithms and automated decisions that make both data collection and its use less transparent. The article emphasizes the need to reformulate the current consent model, proposing the use of technologies that increase transparency and an interface design that facilitates user understanding. In Brazil, the LGPD seeks to align itself with the European model, but faces similar challenges at a practical level. The article suggests that reforms are needed if consent is to truly protect the rights of individuals in a digital and economically data-driven world.