REFLECTIONS ON THE PROTECTION OF SENSITIVE HEALTH DATA

Abstract

This article presents some reflections on the need for protection of sensitive data in the health field and how this protection is provided under Brazilian law. In general, health data is considered sensitive because it reveals intimate details about a person's physical or mental health, making it highly susceptible to misuse, discrimination, and privacy violations. Unauthorized disclosure can cause significant harm to an individual's personal and professional life and therefore requires rigorous protection due to its potential impact. In Brazil, the General Data Protection Law (LGPD) was published in 2018, which aligns with the guarantee of individual and collective rights to regulate the processing of personal data. The research methodology comprises a descriptive literature review with a qualitative analysis of the theoretical framework researched in digital archives. It concludes that the protection of personal data, especially sensitive data, is directly related to the guarantee of fundamental human rights. In a society where technological evolution is reshaping data processing, privacy must be recognized as a fundamental human right, vital for the protection of other democratic rights. In this context, any type of data that results in the individualization of a person is personal data, and there is a relationship between the protection of this data and the right to privacy, which is fundamental for the enjoyment and exercise of human rights.