Privacy for Whom?
Privacy isn’t dead. But it shouldn’t be a privilege either.
In recent years, the concern over privacy and personal data protection has become increasingly popular. More and more countries are adopting stricter stances on the unrestricted handling of personal data by companies, from Big Techs like Google and Facebook to smaller businesses across various sectors.
The protection of personal data and respect for private life are fundamental rights already recognized by the European Union. At the end of last year, a discussion began in Brazil's Chamber of Deputies to include personal data protection as a fundamental right in the national constitution, complementing the right to privacy already provided in Article 5, Clause X.
Every day, around the globe, we witness lectures, webinars, discussions, panels, conferences, books, and courses. A strong community and an ecosystem advocating for privacy and data protection are forming, pushing the topic into every sector of the economy.
But, privacy for whom?
In Germany, a pioneer in privacy matters, the culture of data protection has permeated society for decades. German citizens—and those from other privacy-conscious countries—expect informational self-determination as naturally as they expect the freedom to move about.
Although privacy laws like Brazil's LGPD and the EU’s GDPR regulate both digital and physical data processing, it’s undeniable that the mass-scale processing and correlation of disparate datasets—with significant privacy implications—are inherently digital phenomena. (Let’s face it, no one’s doing Big Data on paper—except maybe that one dusty registry office in my hometown!)
Yet, in Brazil, where two-thirds of the population have internet access, disparities remain stark. Rural areas, elderly populations, and lower-income classes often lack connectivity. According to a CGI/Cetic.br study, the reasons for this include high costs, lack of interest, insufficient knowledge, or unavailable infrastructure. Meanwhile, 84 million Brazilians are still offline, yet 127 million are on Facebook, and WhatsApp reigns as the most-used app.
So, is the average Brazilian citizen genuinely concerned about personal data protection?
Both the LGPD and GDPR aim to protect personal data, ensuring privacy and informational self-determination. Other laws, like California’s CCPA, prioritize transparency, allowing citizens to opt out of data sales or request explanations and deletions. However, as Cyara Byrne noted in a FastCompany article, such laws often leave the poor and vulnerable at a disadvantage, as they might trade sensitive data for minor, short-term benefits due to lack of awareness or financial necessity.
Let’s be real: Would you sell your personal data for $100 right now? Many already do—for far less—when offered slight perks like discounts or free services.
In the UK, the Information Commissioner's Office (ICO) receives over 500 weekly complaints about data misuse, from surveillance cameras to excessive form data collection. Meanwhile, in Brazil, concerns about privacy often boil down to annoyance over telemarketing calls or spam emails.
(Sarcasm alert: Privacy concerns about cookies? Most people only delete them when their browser slows down. Surveillance cameras? We smile for them! Sharing your car's license plate for a parking discount? Why not? Sharing your CPF/SSN at the pharmacy for a $5 discount? Of course! Who cares about who knows your medication purchases?)
The real challenge lies in hyper-surveillance and social invisibility. While marginalized groups are often overlooked by society, they are paradoxically subjected to extreme data collection—data that AI algorithms may later use to discriminate in areas like loans, jobs, or insurance pricing.
Developing a privacy-aware culture in Brazil is still in its infancy, and starting with businesses seems the most pragmatic approach. Companies must comply with the LGPD under the threat of sanctions, which indirectly educates citizens about their data rights.
The shift toward an “opt-in” culture instead of “opt-out” is a promising start, but privacy must not become a luxury item. It’s a fundamental right—and one that governments, businesses, and citizens must actively safeguard.
Mary Madden, Michele Gilman, Karen Levy, and Alice Marwick, Privacy, Poverty, and Big Data: A Matrix of Vulnerabilities for Poor Americans, 95 Wash. U. L. Rev. 053 (2017). Available at: https://openscholarship.wustl.edu/law_lawreview/vol95/iss1/6
Da Veiga, A. (2018), "An information privacy culture instrument to measure consumer privacy expectations and confidence", Information and Computer Security, Vol. 26 No. 3, pp. 338-364. https://doi.org/10.1108/ICS-03-2018-0036
Is There Data Privacy & Protection to Poor Customers? By Matthew Soursourian and Michael Joyce http://www.ipsnews.net/2018/04/data-privacy-protection-poor-customers/
The Devastating Consequences of Being Poor in the Digital Age When someone who is living paycheck to paycheck falls victim to an online fraud or a breach, the cascade of repercussions can be devastating. By Mary Madden Ms. Madden is a technology researcher.https://www.nytimes.com/2019/04/25/opinion/privacy-poverty.html