The terms of use of “Grindr”and the protection of personal data as a right of personality

the vulnerability of LGBTQIAPN+ users in romantic and sexual relationship applications

Abstract

Grindr is a love and sex app aimed at the queer community. Particularly in the case of LGBTQIAPN+ people, personal information about sexuality represents a layer of vulnerability for users of these platform, as they deal with topics that place the person in potential situations of prejudice and personal exposure. In this way, the growing use of these platforms brings up an important discussion about the responsibility of controllers for maintaining safe virtual spaces. The aim is therefore to investigate the adequacy of Grindr's terms of use with regard to the processing of sensitive data. The study employs textual-discursive analysis, obtaining data from bibliographic sources and adopting a legal-dogmatic approach using the deductive method, characterizing it as theoretical and legal-interpretive research with a propositional character. In this case, the company has terms of use that mention the use of behavioral advertising, machine learning, data profiling and automated decision-making, for example. However, it can be concluded that Grindr's terms of use reveal a lack of attention to the domestic legal system, as they do not make direct references to the LGPD; as well as the way in which the processing of personal data takes place is not adequately defined, generating uncertainty for users and invalid consent in legal terms.