Administração pública digital e o direito à proteção de dados pessoais: uma análise do tratamento de dados pelo poder público sob a ótica da vigilância estatal

Abstract

This paper seeks to analyze, within the current context of surveillance by the State, to what extent the current form of development of Digital Public Administration in Brazil, which assumes the sharing and unification of citizen data held by the government, is compatible with the General Law of Personal Data Protection (LGPD), based on privacy and the fundamental right to protection of personal data. For this purpose, the modern evolutionary stage of state surveillance is analyzed, especially with regard to the use of new information and communication technologies, as well as the process of valorization of the right to personal data protection and legislative advances on the subject, investigating, lastly, the dictates surrounding the establishment of Digital Public Administration in the country, with a focus on sharing and unification of data between public agencies and its compatibility with the right to personal data protection. As a method of approach, the deductive approach is adopted, starting from a general analysis of surveillance in contemporary society and the development of the right to personal data protection at an international level and, subsequently, at a national level, arriving at the specifics regarding Digital Public Administration and the compatibility of its current dictates with the legislation in force. Regarding the procedural method, we make use of the historical and monographic, the first one as a way of understanding the phenomenon of surveillance exercised by the State and the construction of the current legislation on data protection, and the second one to specifically analyze the performance of the Digital Public Administration in the country and its specificities. As a research technique, direct documentation was used, analyzing the legislation pertinent to the theme discussed, especially the General Law of Data Protection and Decree n. 10.046/2019, and indirect through documentary, bibliographic and case law research. From the research, it was concluded that the sharing of data by the Public Authorities, as provided for in the current legislation, presents incompatibilities with the LGPD and the right to personal data protection, especially due to the use of terms foreign to the mentioned diploma, and the removal of the role of the National Data Protection Authority. Finally, it was understood that the direct participation of the individual in the treatment of making his data available is essential to ensure his informational self-determination, being necessary the promotion of a counter-surveillance by the population, in order to ensure the State's performance under the law, preventing the use of personal data for purposes other than those previously provided.