TITLE:
Informed Consent: From Protection of Freedom to Protection of Digital Assets
AUTHORS:
Éfren Paulo Porfírio de Sá Lima, Alexandre Bento Bernardes de Albuquerque
KEYWORDS:
Informed Consent, Information Society, Digital Goods, Changes in the Private Order
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.1,
March
26,
2024
ABSTRACT: Societies live in constant evolution and transformation, requiring from the law answers capable of providing the legal certainty required for their development. The answers to some problems that have arisen in society, owing to changes, can be achieved through the adjustment of existing institutes, some of them already secular. Informed consent is an example of this type of institute that allows solving problems in a different fashion than those currently in practice. It is an institute with centuries of existence and not regulated in Brazil, providing protection for physical safety, health, freedom, and information in the doctor-patient relationship. In these first years of the 21st century, this same institute took an important role in the wake of technological development, becoming an important tool for limiting the use of personal data. In this scenario, a new adjustment to support rights comes on the horizon, with a view to protecting digital goods in the face of the extinction of data storage service agreements.