Private autonomy and post-mortem transmissibility of digital assets of existential/hybrid nature
The present article aims to evaluate the role played by the concept of private autonomy and the principle of informative self-determination, as encompassed in the LGPD (General Law of Data Protection), regarding the possible transmissibility of digital assets of existential and hybrid nature, which is negated by some part of the doctrine and the digital conglomerates. It was concluded that total intransmissibility based only in contractual terms, adhered through electronic means, comprises of mitigation of an individual’s private autonomy, as well as consisting of tangible influence on an individual’s personality development. In order to develop this article, the method adopted was the hypothetical-deductive approach and the bibliographic research, through books and scientific articles.
Authors
- Leonardo Macedo Poli (ORCID: https://orcid.org/0000-0001-9632-0225)
- Jeferson Jaques
Institutions
- Pontifícia Universidade Católica de Minas Gerais (BR)
Publication Details
- Journal
- Scientia Iuris
- Published
- 2024-11-30
- DOI
- https://doi.org/10.5433/2178-8189.2024v28n3p115-131
- Primary Topic
- Data Privacy and Cybersecurity
- Type
- article
- Field-Weighted Citation Impact
- 0.00