DENTAL ADVERTISING AND THE GENERAL DATA PROTECTION LAW (LGPD): LITERATURE REVIEW AND PROPOSAL FOR IMAGE USE AUTHORIZATION TERM

Abstract

In dentistry, advertising has gained strength with the advancement of social media, and with that, dentists have found an opportunity to attract new patients with the dissemination of their work, through the publication of their clinical cases, without a concern for the aspects of ethical and legal rules governing their profession. Laws such as the General Data Protection Law (LGPD) came into force as a way to guarantee the privacy of personal data of individuals that are eventually exposed on the internet, where previously allowed by Resolution CFO 196/2019, the publication of diagnostic images and completion of treatment provided that using a Term of Free and Informed Consent (TCLE), generating a legal inconsistency about advertising in dentistry. This work aims to gather information on how the LGPD is applied in dental advertisements, debating good practices and more effective ways of carrying out professional marketing in the health area. In addition to proposing a roadmap for the elaboration of an authorization term for the use of an image compatible with the General Data Protection Law. Therefore, from the analysis of the LGPD regarding the privacy of data of individuals, it can be seen that there is a risk of the professional misusing the sensitive data of patients when exposing their images. Identity, diagnosis, planning, and others are examples of characteristics that can harm the client's image. The patient's autonomy in granting authorization is also recognized by law, with great support for the protection of the individual. In this context, the image authorization term is a necessary document that meets the legal demands, guaranteeing the exercise of the individual's autonomy. This must have the patient's identification, the purpose of using the image, and the deadline for authorization of use.