THE GENERAL PERSONAL DATA PROTECTION LAW: THE LIMITS AND CHALLENGES FOR PUBLIC ADMINISTRATION

Abstract

The Public Administration has among its guiding principles, the principle of transparency. However, this principle is directly related to access to personal data, which must not be published, in accordance with Law No. 12,527/2011. Currently, information circulates all the time and increasingly faster, requiring specific legislation to ensure rights and guarantees, with the present study having the important role of contributing to the effective implementation of existing norms in the legal system. In an attempt to address the issue, an analysis was developed of the historical-administrative evolution of the protection of personal data, which was recently regulated by Law No. 13,709/2018. As personal data are of relevant importance to the current economic system, disrespect for privacy led us to realize that the misuse of this data grossly violates human dignity, evidencing a deep discrimination of the most fundamental rights of individuals, these rights, guaranteed in the Federal Constitution of Brazil. This reality has awakened in the world the need to discuss the subject, leading to the approval of laws, which will be addressed in the course of this study. These laws have a duty to protect the right to data protection, in order to bring clarity to decision-making processes.