Hugo Luz dos Santos
The concept of digital society represents a digital and pervasive ambient created by the convergence of the technologies of radio transmission and broadcasting (as an identification by radiofrequency (RFID), agents of software, sensor networks, processing of data by personal mobile devices, which provides, in cyberspace, the integration and the interaction of the devices named as «intelligent». This new reality, deeply enshrined in the very concept of «digital society», portrays an ambient (digital and intelligent) in which people are surrounded by intuitive interfaces embedded in every corner (even the most inhospitable ones) of a city (ranging from London to New York) or country, giving rise to the well-known «National surveillance state».
Make no mistake: Massive tons of our personal data are being captured, stored, processed and disclosed to unidentified third parties as we speak. The real problem lies in the ulterior usage of that vast array of personal data and, foremost, to what ends. Concretely, in cases of data breaches. This paper avowedly asserts that in such cases consumers (pursuant a data breach) have a natural right to seek redress and compensation from courts based on the damage of loss of chance of exclusive control of one´s personal data.
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