Banca de QUALIFICAÇÃO: VANESSA MARIA DE OLIVEIRA ACCIOLY

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : VANESSA MARIA DE OLIVEIRA ACCIOLY
DATE: 19/05/2023
TIME: 11:00
LOCAL: Ambiente virtual
TITLE:

SALE OF PERSONAL DATA BY THE PUBLIC AUTHORITIES: A LEGAL ANALYSIS BASED ON THE FEDERAL DATA PROCESSING SERVICE (SERPRO)

KEY WORDS:

Governance of personal data by the Public Authorities; sale of personal data by SERPRO; fundamental guarantee of protection of personal data; human dignity

PAGES: 90
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The dissertation aims to present a legal discussion, through investigative studies related to the practice of charging a fee by the Federal Data Processing Service (SERPRO), a mixed economy society, linked to the Ministry of Economy, for the use of the consultation service, provided to third parties, the databases integrating various administrative entities that store personal data of citizens who, by sharing, are accessed, processed and reused by SERPRO. It is known that the General Data Protection Act (LGPD) guarantees the holder control of their data (informational self-determination), which entails the duty on the part of the Public Authority as guardian of that data to carry out the proper treatment and sharing so as not to depart from the purpose for which they were collected. Thus, as a problem to be understood, the following question is made: does the payment of a fee to consult the personal databases held by SERPRO constitute the practice of selling personal data? The relevance of this question highlights the importance of studying the treatment of personal data by the public sector, in order to point out the limits and possibilities in the management of these data. To this end, we intend to analyse the governance of personal data by the Public Administration and the asymmetry of powers between the State and the individual. Specifically, we intend to examine the issues related to the constitutional and legal aspects of the direct exploitation of economic activity by SERPRO, in the context of the data-driven economy, through the receipt of pecuniary consideration for access by third parties to personal data under its custody, as well as to present the legal repercussions of this practice in light of the fundamental rights to the protection of personal data and the dignity of the human being. In order to attain such objectives, research of an applied nature is employed, of an inductive method, with a qualitative approach to the problem, with a descriptive and exploratory objective, based on bibliographical, documental and jurisprudential technical procedures. It is concluded, in this sense, that the economic activity explored by SERPRO in face of the availability of personal data held in custody by the Public Authorities to third parties for a purpose distinct from that for which they were collected and, furthermore, in default of the holder, without his consent, is incompatible with the fundamental rights and guarantees to the protection of personal data and the dignity of the human person.

COMMITTEE MEMBERS:
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER