A lei de proteção de dados pessoais brasileira e os desafios a esta administração pública

Abstract

The present work focuses on the new Brazilian Personal Data Protection Law (LPDP), notably in relation to the impacts caused by the Brazilian Public Administration (APB) and in a broad sense, it is discussed the administration of cyberspace on the internet and the personal relationship in this scenario in the 21st century. It is hoped to contribute with an initial analysis in the understanding of the peculiarities of the treatment of personal data in the Brazilian public administration and possible ways in front of the challenges presented in the perspective of this subject. It is questioned about the changes that the Law of Protection of Personal Data (LPDP) will require in APB and focuses on the investigation of recent explorations of personal data to the detriment of Brazilian citizens and related cases; in the examination of the new Law 13709/2018 and the main frontiers with other legal frameworks from the perspective of protection of personal information; and in the discussion of the main requirements for the institution and effectiveness of the Brazilian National Authority for the Protection of Personal Data. Theoretical method is used with phenomenological study, according to the observation of related literature and focusing on theories and evidences. It argues about the problem of exposing personal data in cyberspace, which is undoubtedly a huge challenge. This is evidenced with the situations demonstrated in this work, where it was possible to investigate innumerable cases that it is extremely complex to work with the protection of personal data in a satisfactory way. It is concluded that a great deal of discussion and evolution is needed to find solutions that provide effective improvement, in a problem that is still without a definitive solution that requires a transnational effort. Therefore, it becomes a great challenge to the APB, as there is plenty of evidence of the fragility of personal data traffic, and to prove it, it argues cases of world leaders involved in embarrassing situations, which indicates importance and concern to the situation, whose only certainty is the uncertainty of the protection of personal data in a totally secure way.