O sigilo médico e os dados sensíveis na telemedicina à luz da Lei Geral de Proteção de Dados

Telemedicine, which had been allowed on an emergency basis during covid-19, was authorized and regulated by Law n. 14.510/2022. Recognized as an essential service in guaranteeing equity in health, in telemedicine, data considered sensitive by the General Data Protection Law is transmitted. This essay elaborates on a discussion regarding such data, which are intrinsically related to personal rights and must be recognized as confidential in order to ensure the right to privacy of the data subjects, as well as respect for medical confidentiality. It is concluded that any violation of sensitive data may result in administrative sanctions for treatment agents. Still, doctrinal divergence exists regarding the liability regime adopted by the law, with three possible interpretations: strict liability, fault liability, and active liability.