A lei geral de proteção de dados (LGPD) e o acesso à informação: análise da compatibilidade entre o direito à informação e o direito à privacidade na administração pública

Abstract

The study examines the General Data Protection Law (LGPD) in Brazil in light of the right to privacy and personal data protection, contrasting it with the right of access to information, as guaranteed by the Access to Information Law (LAI). The research focuses on the challenges that arise when attempting to balance personal data protection and public transparency, particularly regarding the security of citizens' information. The key issue addressed is how to ensure that the right to privacy, as a fundamental right, is preserved without undermining the right to information and transparent access to public data within an open government context. The primary goal of the study is to analyze how the LGPD can be applied in a way that ensures the legitimate and appropriate use of personal data, promoting transparency in Public Administration without compromising citizens' privacy. The research highlights the need for awareness among both public servants and the population regarding the importance of personal data protection, as well as emphasizing the essential role of the LGPD in safeguarding these fundamental rights. The work also explores how the compatibility between the LGPD and LAI can be achieved, addressing the management of sensitive data in the public sector. The analysis delves into how these legislations can complement each other, offering a framework that enables the balance between the rights to transparency and privacy protection, with a focus on the importance of safeguarding the security of personal data. Additionally, the research proposes that the effective implementation of the LGPD requires a continuous commitment to education and the adaptation of administrative practices, in order to align the needs for public transparency with the protection of personal data, with special attention to the nuances of sensitive data and the crucial role of good faith in public authority actions.