Direito fundamental à proteção de dados pessoais no setor público: uma análise jurídica a partir do serviço federal de processamento de dados (SERPRO)

Abstract

The dissertation aims to present a legal analysis through investigative studies related to the shared use of personal data collected and stored by public agencies that contract the Federal Data Processing Service (SERPRO), a public company linked to the Ministry of Economy, which reuses these data for the purpose of third-party consultation upon payment of a fee, without the consent or notification of the data owner. Thus, as a problem to be understood, the following question is posed: is the reuse of personal data from personal databases of public agencies shared with SERPRO, for the consultation of interested third parties, upon payment of a fee, without consent or notification of the owner, in compliance with the LGPD (General Personal Data Protection Law) and the fundamental right to data protection? The relevance of this inquiry highlights the importance of delving into the study of personal data treatment by the public sector. As a main objective, the work intends to analyze the treatment of personal data by the public sector, pointing out possibilities and limits for the sharing and reuse of this personal data to meet the interest of third parties. Specific objectives are: to present a socioeconomic overview of contemporary information society; to describe the relationship between digital economy and the personal data protection system in Brazil; to analyze data governance and the treatment of personal data by the Public Power; to examine the issues related to the constitutional and legal aspects of SERPRO's participation in the data economy, through the charging of a value for access to personal data under its custody; as well as to describe the legal repercussions of this practice in the face of the fundamental right to personal data protection and the principle of human dignity. In order to achieve these objectives, applied research of a hypothetical-deductive method is employed, with a qualitative approach to the problem, descriptive and exploratory objectives, using bibliographic, documentary and jurisprudential technical procedures. From the panorama outlined by the SERPRO case study, a diagnosis is presented in the sense that the new economic purpose for the shared use personal data between SERPRO and other public agencies, without consent or authorization from the owner of these data, points to the illegality of this practice, according to art. 7, § 7 of the LGPD, in consonance with the fundamental right to personal data protection, provided for in art. 5, clause LXXIX, of the CRFB/88. Finally, it is suggested that comparative studies on the reuse of personal data be carried out to identify best international practices, with the aim of improving the current Brazilian personal data protection system.