Right to Informational Self-Determination in the Credit Market: Economic Analysis of the Positive Data List in RESP 1419697 / RS

Abstract

The positive data list allows the reduction of transaction costs and facilitating access to credit, but can limit the control over the information flow, posing a threat to the exercise of the right to informational self-determination. Therefore, it asks about the possibility of harmonization between the right to access to information and privacy, based on the paradigmatic decision REsp No. 1419697 / RS, that recognized the legality of the system "credit scoring". It was found that it is possible to reconcile the exercise of informational self-determination in the credit market, since the positive list respects the data protection rules.

Keywords

• Direito à autodeterminação informative
• mercado de créditos
• assimetria de informação
• cadastro positive
• análise econômica do direito.