A proteção de dados pessoais no âmbito do Governo digital: limites jurídicos ao compartilhamento de dados pessoais pelo Poder público

Abstract

Law No. 14,129/2021 boosted the digital transformation of the Brazilian public administration by establishing standards for digital government, whose basis for operation is the sharing of personal data between public agencies, entities and entities for the provision of services. However, the shared use of information without due care by the Public Authorities puts at risk the fundamental right to the protection of citizens' personal data. Therefore, this study focuses on understanding the legal barriers to the sharing of personal data in the Digital Government Law from the perspective of personal data protection, guided by the following issue: What are the limits of data sharing in digital government for the protection of personal data? The justification for the research lies in the relevance of the fundamental right studied in a scenario of increasing digitalization of public services, as well as the need for adequate legal frameworks to prevent abuses and guarantee the information security of users. The general objective of the research is to examine the legal restrictions imposed on the Public Sector in sharing personal data in the digital government, in light of the right to personal data protection. The specific objectives are: a) to understand the concept, development, and operating guidelines of the Brazilian digital government; b) to investigate the general aspects of data protection and how it is treated by Law No. 14,129/2021; c) to identify the limits to which the Public Administration is subject and to what extent. Thus, the research is configured as pure/basic, exploratory and with a qualitative approach. The technical-methodological procedures used focused on bibliographic and documentary research. Initially, a bibliographic survey focused on existing material on the subject, such as scientific articles, dissertations, and theses, was used to understand the development of the Brazilian digital government and the establishment of the fundamental right to the protection of personal data in the national legal system, as well as analyzing the Digital Government Law to understand its rules and its relationship with the protection of personal data. Subsequently, a documentary research was carried out, consisting of an analysis of the Personal Data Protection Law (LGPD), the Guidance Guide of the National Personal Data Protection Authority (ANPD) that deals with the sharing of personal data by the Public Authorities, and court decisions that deal with the subject. Finally, practical examples were sought in the terms of use of the Gov.Br Platform. Regarding the results, it was found that despite the advances brought by Law No. 14,129/2021, there are regulatory gaps that may compromise the right to the protection of personal data, especially with regard to transparency, consent, and control of data subjects over their information. The final considerations highlight the need for regulatory improvement, whether through complementary regulations or more restrictive interpretations that ensure a balance between technological innovation and the protection of citizens' privacy.