LIMITS ON THE SHARING OF PERSONAL DATA IN LAW Nº 14.129/2021: DATA PROTECTION IN THE DIGITAL GOVERNMENT
Digital government; Protection of personal data; Law No. 14,129/2021; Data sharing.
The Law No. 14,129/2021 was responsible for driving the digital transformation of the Brazilian public administration, through the establishment of guidelines, principles and rules for digital government, whose basis for operation is the sharing of personal data between public bodies, entities and entities for the provision of public services. However, the development of this processing activity without due care on the part of the Public Authorities puts at risk the fundamental right to the protection of citizens' personal data. Therefore, this study focuses on the legal limits for sharing personal data in Law No. 14,129/2021 from the perspective of personal data protection, guided by the following issue: What are the limits for sharing data in digital government for the protection of personal data, both in theory and in practice? The justification for the study lies in the relevance of protecting personal data in a scenario of increasing digitalization of public services, as well as in the need for adequate legal frameworks to prevent abuse and guarantee the information security of citizens. The general objective of the research is to identify what are the limits - if any - for sharing data in the digital government of Law No. 14,129/2021, based on the right to data protection. The specific objectives are: a) to understand what the Brazilian digital government is, through its history, legal basis, and operating and implementation guidelines; b) to understand the general aspects of data protection and how it is treated by Law No. 14,129/2021; c) to investigate whether data sharing in the Digital Government Law follows data protection limits and to what extent. Regarding the classification, the research is configured as pure/basic, exploratory and with a qualitative approach. The technical-methodological procedures used were bibliographic research, based on existing material on the subject, especially scientific articles, dissertations and theses, and documentary research, since it is based on the analysis of legislation regarding digital government and data protection in force in the national legal system, in order to establish how the law deals with the subject. Regarding the results, it was found that despite the advances brought by Law No. 14,129/2021, there are regulatory gaps that may compromise legal certainty in the protection of personal data, especially with regard to transparency, consent and control of data subjects over their information. The final considerations highlight the need for regulatory improvement, either through complementary regulations or more restrictive interpretations that ensure a balance between technological innovation and the protection of citizens' privacy.