According to Art. 17 of the LGPD, "Every natural person has the title to his personal data ensured and fundamental rights of freedom, intimacy and privacy are guaranteed, under the terms of this Law". In this case, I can sell them, rent them, give them away, donate them, as they are my property.
As I know that a lot of people are making money from my personal data, why not monetize it?
Like Retargeting, when I'm surfing the internet, an incredible amount of my personal data becomes “public” knowledge: what I'm seeing, what I'm researching, what I'm buying. Worse, where I am physically while surfing the web or even offline. Maybe they even know my state of mind, because my electrocardiogram is being performed in real time by my watch and who knows who my heart is being shared with.
We have all had the experience of being in a strange city and it starts to rain ads for local things, similar to what we experienced yesterday, in another city, in another country.
Retargeting is a wonderful marketing tool that analyzes your most intimate desires, shares them on a private network, puts you up for auction, and in 15 milliseconds, your data is sold. Then, a very specific advertisement is generated and presented to you on the web.
If it didn't work, if you didn't buy it, there is still the Remarketing, and you will receive a similar, but perhaps more attractive, offer via email.
With Retargeting and Remarketing we have the comfort of receiving a fully personalized offer, in real time. Some consider them invasive, like Spam, and complain. On the other hand, we are providing all the data of our desires and behaviors, through navigation, silly celebrations on social networks, Facebook, Instagram, LinkedIn etc. Several miscreants who boasted on social networks ended up arrested for overexposure.
Returning to the problem, perhaps my data alone is of little interest to the “treatment agents”, Art. 5, item IX of the LGPD. However, if we bring many people together in a cooperative, we might be of interest to “treatment agents”.
I did not find, in the law, anything that allows me or prevents me from selling, giving or renting my personal data and making some money with them.
Most of my personal data I didn't even know it created and for me it is of little use, but for "treatment agents" it seems that it has a lot of value.
Searching, and everyone, or at least Google, knows what I searched for, I discovered that the idea of trading personal data is not a new one.
At Wired, I discover that Tim Berners-Lee, creator of the World Wide Web, is developing a platform, Solid, (https://solid.inrupt.com/), which will allow “data owners” to control which services can access my information.
Solid works with the concept of Pods, containers that store all your data, including how many kilometers you have walked in the park today. The holder can 'upload' wherever he wants and give access to certain data for certain services.
Another platform, open source, is the Ocean Protocol (www.oceanprotocol.com), which has ambitions to be the solution for the Data Based Economy. An ecosystem for the decentralized exchange of information, allowing each one to control and release their data for analysis, eventually, in exchange for payment.
You’ll know what data you’re generating, and who’s using it and can charge you for it. The idea behind it is that the real solution to the complex problem of Privacy will only be solved by technology and not by legislation.
* Francisco Camargo is Chairman of the Board of ABES and Chairman of CLM, a value-added distributor specializing in information security and advanced infrastructure.
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