O direito à proteção de dados pessoais do servidor público: uma análise sobre o conflito entre o acesso à informação e a proteção de dados pessoais na administração pública federal

Abstract

The changes arising from the process of introducing information and communication technology (ICT) tools into the daily lives of contemporary societies have inevitably impacted the way the legal system deals with issues linked to technologies. In view of these changes, the Brazilian legal system, after years of doctrinal and legislative discussions, inserted the right to the protection of personal data in the list of fundamental constitutional rights and guarantees of the CRFB/88, especially due to the significant increase in the use of technologies in routine of citizens in the pandemic scenario experienced in the third decade of the 21st century. However, legislation dealing with the protection of personal data did not present specific guidelines to guarantee the protection of the personal data of public servants whose information is linked to the public administration, which, in turn, has the constitutional duty to guarantee publicity. and the transparency of its actions and, nevertheless, must promote access to information for citizens. Given this possible conflict, this study's main objective was to examine how the federal public administration can ensure the protection of the personal data of its public servants while promoting publicity and transparency of its actions. This is an excerpt that analyzes the legislation and understandings of supervisory bodies applicable to federal public servants, with regulation in Law nº 8,112/1990. The study adopted methods of analyzing legislation, documents and doctrines that deal with the issue of protecting personal data of federal public servants, as well as making use of legal hermeneutics, in the light of Brazilian neoconstitutionalism, to achieve the results described in each specific case. covered in the dissertation. From the examination of the entire theoretical and normative framework, it was found that the public administration must guarantee, as a rule, the publicity and transparency of its acts, however, in specific cases of passive transparency, in which there is a request for access to personal data protected by data protection legislation or by understandings from control and supervisory bodies, public authorities have the duty to deny access to personal data in view of the prevalence of protecting the information of their servers. Therefore, it is imperative that the public manager, in the process of analyzing requests for passive transparency, makes use of updated standards and understandings, as well as constitutional hermeneutics, to guarantee the full exercise of fundamental rights and guarantees within the scope of public administration.