The challenges of public administration enabling access to sensitive data

• Autor(a) principal: Gonçalves, Tânia Carolina Nunes Machado
• Data de Publicação: 2018
• Outros Autores: Varella, Marcelo D.
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/77110
• topic: Access to Information Law; Personal data; Sensitive data; Privacy; Databases; Lei de Acesso à Informação; Dados pessoais; Dados sensíveis; Privacidade; Bases de dados

In the Brazilian context of the Access to Information Law – where publicity shall rule and secrecy is an exception –, of the Internet Bill of Rights and of the decree that allows sharing databases in the federal public sphere, one of the challenges that the Public Administration is dealing with are databases which contain sensitive data. In this scenario, the present article sought to analyze one of the models of enabling access to sensitive data at the so-called “safe room”. The models of the Brazilian Institute of Geography and Statistics (IBGE), of the National Institute for Educational Studies and Research Anísio Teixeira (Inep), and of the Institute for Applied Economic Research (Ipea) were examined, pointing out their main similarities and differences. It has been found that the difficulties start from the absence of specific legislation and the imprecision of several concepts within the legislation, reason why it was proposed the adoption of a new terminology. In addition, it has been observed that these institutions provide different levels of information security and any misuse or leakage of such data can lead to undesirable consequences.