Direitos humanos e saúde digital: Proteção de dados de saúde no Brasil.

Abstract

The rapid digital transformation has had significant impacts on the healthcare sector, requiring reflection on the benefits and risks of using technologies that directly handle sensitive population data. In this context, understanding the relationship between human rights, the fundamental right to health, and privacy protection is essential, especially given the growing use of electronic health records, telemedicine, mobile applications, and artificial intelligence. The objective of this work is to analyze how digital health can contribute to the realization of the right to health in Brazil, while also discussing the challenges related to personal data protection, with an emphasis on the application of the General Data Protection Law (LGPD – Law No. 13,709/2018) and complementary legislation, such as the Access to Information Law and the Brazilian Civil Rights Framework for the Internet. This study was developed using a qualitative approach, characterized as exploratory-descriptive bibliographic research. The data collection process included systematic consultation of primary sources, such as the General Personal Data Protection Law (Law No. 13,709/2018) and the Access to Information Law (Law No. 12,527/2011); and international legislation, notably the European Union's General Data Protection Regulation (GDPR) and the US Health Insurance Portability and Accountability Act (HIPAA), as well as secondary sources (specialized legal doctrine, scientific articles, and official documents from international organizations such as the WHO). The results showed that digitalization in healthcare has brought significant gains in management and access to services, but also revealed risks of digital exclusion, interoperability failures, and vulnerabilities that can compromise patient privacy. It is concluded that digital health can only consolidate itself as an instrument for strengthening the right to health if it is associated with inclusive public policies, digital ethics practices, and robust information security systems, ensuring a balance between technological innovation and the protection of fundamental rights. Keywords: Digital health; Human rights; LGPD; Data protection; Privacy.