Consumer surveillance and personal data protection as a fundamental right

The rise of informational capitalism has expanded consumer surveillance, particularly in the digital marketplace, where companies collect and process personal data to target advertisements and customize offers. This paper explores the historical evolution of voluntary exchanges, from early civilizations to the digital age, highlighting the role of technology in reshaping consumer-business interactions. It argues that electronic monitoring has introduced unprecedented risks to consumer privacy, necessitating robust legal responses. The study positions personal data protection as a fundamental right, emphasizing its recognition in Brazil's General Data Protection Law (LGPD) and the proposed constitutional amendment to elevate data protection as a fundamental guarantee. Employing a deductive approach, this research investigates historical and legal frameworks to address the challenges posed by consumer surveillance in the Information Society. The findings advocate for the effective enforcement of data protection laws to safeguard consumer rights and uphold human dignity in an increasingly digitalized world.