Privacy and data protection in Supplementary Healthcare:

A critical analysis of the klara castanho case in light of the brazilian legal framework and compliance

Abstract

This research aimed to critically analyze the protection of personal data in Brazilian supplementary healthcare, in light of the Klara Castanho case, highlighting compliance as a strategic prevention tool. The specific objectives sought to examine the normative development of data protection in Brazil, identify applicable legislation to the supplementary healthcare sector, and assess the institutional response to the episode in question. The methodology adopted was based on bibliographic, documental, and case law research, with a qualitative approach and deductive method, through the analysis of legislation such as the General Data Protection Law (LGPD), the Brazilian Civil Rights Framework for the Internet, the Federal Constitution, regulatory resolutions of the National Supplementary Health Agency (ANS), and professional councils’ regulations. The hypothesis sustained was that the absence of a structured digital compliance program and coordinated actions among administrative, judicial, and ethical-professional spheres contributed to the violation of the actress’s fundamental rights. The results demonstrated that compliance programs, with emphasis on Data Mapping, Data Protection Impact Assessments (DPIA), and continuous staff training, proved indispensable for regulatory compliance and informational security. It was concluded that the insufficient actions of competent bodies in the analyzed case revealed weaknesses in regulatory enforcement and in the protection of sensitive data, reinforcing the need for effective institutional policies. Thus, the adoption of a robust digital compliance framework emerged as an essential measure for preserving the privacy and dignity of data subjects in the supplementary healthcare sector.