REGULATORY IMPACT ANALYSIS OF HABEAS DATA FOR DATA PROTECTION AND PERSONALITY RIGHTS

This study proposes a Regulatory Impact Analysis (RIA) to diagnose the functionality crisis of habeas data (HD) in light of the General Data Protection Law (LGPD). Through a critical comparative analysis, the study argues that Habeas Data faces an adequacy crisis. Originally conceived to protect the access/rectification binomial in public archives, the institution proves to be anachronistic—both materially and procedurally—in the face of the challenges of protecting personality in the Information Society. The results of the RIA indicate that the scope restriction, the reactive (ex post) nature, and the procedural barriers of HD (requirement of resisted claim) make it an ineffective instrument. It concludes that effective protection requires the primacy of informational self-determination (IS), which encompasses a broader range of rights (such as deletion, portability, and opposition). Therefore, it is proposed to functionally readjust habeas data, transforming it into a subsidiary and coercive judicial instrument to guarantee compliance with the obligations of the LGPD (article 18) when administrative channels and contact with the controller fail.