Transparência pública, acesso a informação e direito à privacidade: um estudo de caso sobre a política de dados abertos da UFRN

Abstract

Subjects that are related to public transparency, access to information, personal data protection, and privacy have gained greater prominence after the promulgation of the Brazilian Federal Constitution of 1988. Along with the development of information and communication technologies (ICTs), the Brazilian state has formulated a series of norms, laws, and policies aiming to meet constitutional precepts and satisfy society's demands. In this scenario, we can mention the Access to Information Law (LAI), the General Personal Data Protection Law (LGPD), as well as the National Open Data Policy initiated by the federal government that motivated the creation of the Open Data Plan (PDA) of the Federal University of Rio Grande do Norte (UFRN). The objective of this work is to propose improvements to the PDA of the UFRN, based on the LAI and the LGPD. Regarding the methodology, the research has a qualitative nature, with exploratory objectives, and is developed from a case study. The literature review presents topics related to public transparency, access to information, privacy rights, data protection, and open data policy, with an emphasis on the Access to Information Law, the General Personal Data Protection Law, and the Open Data Plan of UFRN. Documentary research was used for data collection. Data analysis was performed using the content analysis technique. The research results pointed to a greater conformity between the PDA and the LAI, while regarding the LGPD, a more unconcerned approach of the PDA was observed, presenting lower adherence. The PDA presented a correspondence of 11 (eleven) categories regarding the LAI, reflecting a rate of 73.33%. Regarding the LGPD, the Plan presented correspondence of 3 (three) categories, representing only 23.07% of adherence, indicating a low convergence rate between the studied materials. At the intervention level, the aim was to provide a plan containing 6 (six) actions to contribute to the process of updating the PDA, allowing for better alignment of the Plan with the studied legislation.