Digital Vulnerability of the Consumer in Zero-Price Models: The (Il)Legality of the Unrestricted Transfer of Personal Data in the Terms of Use of Social Networks

Abstract

This study aims to understand the perspectives of the business relationship developed between social media providers and their users, weighing the essentiality of the service against the consideration provided by the consumer, in the context of surveillance capitalism and the legal recognition of existential contracts. To this end, the study was developed using the inductive method, through specific observations of the social, political, and business context between the client and service provider, analyses of legal institutions and practical repercussions, especially regarding fundamental rights; as well as reasoning and the development of logical propositions based on the considerations developed. In the end, some relevant conclusions were reached on the subject, among them: (i) the processing of personal data by providers, to obtain indirect income from the service through the targeting of personalized advertising, when it does not involve the transfer of ownership of the data or uses that harm self-determination, is supported by the legal system; (ii) the indirect form of remuneration should constitute a subsidiary response, and the consumer should be offered, as a priority, the option of paying in cash; (iii) it is recommended that there be public policies to fund the use of social networks for those who cannot afford to pay for the service, given the importance of networks for promoting democracy, political pluralism, and other rights corollary to the individual and society.