Challenges and perspectives for the protection of sensitive personal data in power of the public administration: between the public duty to inform and the citizen's right to be protected

• Autor(a) principal: Flôres, Mariana Rocha de
• Data de Publicação: 2020
• Outros Autores: Silva, Rosane Leal da
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito
• Texto Completo: https://periodicos.ufv.br/revistadir/article/view/10327
• topic: Public Administration; Sensitive Personal Data; Law n.13.709/18; Data Protection; Administração Pública; Dados Pessoais Sensíveis; Lei n.º 13.709/18; Proteção de Dados

Public Administration understands transparency and publicity as guiding principles, as provided by Law n. 12.527/2011. However, its sphere of action is directly linked to sensitive personal data that should not be published. Because of that, it is questioned whether the use of these data, recently regulated by Law n. 13.709/2018, is adequate and sufficient when it is done by the Public Authority. In an attempt to tackle the issue, an analysis of the historical evolution of the protection of personal data was carried out until reaching the possible changes found in the new Law. In the study, it is concluded that Law n. 13.709/18 enters the legal system with an important social function, but support has not been sufficiently found in relation to sensitive personal data held by the Public Administration. In spite of that, the private sector has a greater cover of data protection.