A lei geral de proteção de dados pessoais e seus reflexos no trânsito de informações no Banco Central do Brasil

Abstract

This work presents a study about the transit of information with the Central Bank of Brazil, , especially with the Credit Information system, and about its implications with regard to the General Personal Data Protection Law (LGPD). To this end, aspects related to the possibility of conflict between the LGPD and the way in which users of the national financial system express their consent regarding the use or sharing of their information will be analyzed. The present study was carried out using the deductive method of approach and started from the document analysis of the General Personal Data Protection Law and its influence on European legislation, passing through the analysis of the free and conscious manifestation of the users of the financial system. In addition, the role of the Central Bank of Brazil and its communication tools were analyzed, focusing specifically on the SCR system, with regard to its information and use. As for the investigation procedures, the work was carried out based on the monographic method, with case studies in which the results obtained demonstrated that the SCR system is not a restrictive credit system, but depends on a conscious manifestation of the users of the financial system to not infringe the provisions of the LGPD. As for research techniques, the present study was also based on bibliographical analysis, such as the General Data Protection Law, Central Bank regulations and standards, books and publications on the subject and judgments. The results indicate that the General Data Protection Law does not create an impediment to the Central Bank's credit information system, but requires extra care from participants in the financial system in consenting to and using this information.