The discussion about data protection in the public sector is recent, because although the Personal Data Protection Law was enacted in 2018, its effective implementation began in 2020.

Researchers in Digital Law point out that the LGPD (Brazilian General Data Protection Law) is a historical milestone in the regulation of the processing of personal data in Brazil, both through physical means and on digital platforms.

However, the challenges of applying data protection law in the public sector are many! Therefore, to facilitate your studies in Digital Law and Data Protection, I want to present some successful experiences in the application of the LGPD (Brazilian General Data Protection Law).

The importance of data protection in the public sector.

Many professionals are unaware that our data protection legislation was based on the General Data Protection Regulation (GDPR), established by the European Commission in 2018.

At that time, there was much discussion about scandals involving the use of personal data in election campaigns, specifically the Cambridge Analytica case.

The scandal arose because Cambridge Analytica, using data leaked by Facebook, analyzed voter profiles, created and targeted specific advertisements, serving the interests of its clients.

Many say that the case defined the elections there, leading to the enactment of a law to guarantee the privacy and control of citizens' personal data, thus giving rise to the GDPR.

Since then, concern about data protection in the public sector has only increased!

To give you an idea, in 2022 Constitutional Amendment 115 was enacted, which included item LXXIX in Article 5 of the Constitution of the Federative Republic of Brazil, which stipulates that the right to the protection of personal data, including in digital media, is guaranteed, in accordance with the law.

CNJ regulations on personal data protection

With the enactment of the General Data Protection Law, the National Council of Justice (CNJ) issued Recommendation No. 73/2020 , which aimed to prepare the bodies of the Judiciary Branch to comply with the LGPD in the Public Sector.

One of the main objectives of the recommendation was the creation of Working Groups to study and identify the measures necessary for the implementation of the LGPD (article 1, item IV of Recommendation No. 73/2020).

A year later, the National Council of Justice issued Resolution No. 363/2021 , a highly relevant regulation as it establishes the measures that courts must adopt to comply with the requirements contained in the LGPD (Brazilian General Data Protection Law).

For those working in the public sector, it's important to be familiar with these regulations, as well as to research successful cases of LGPD (Brazilian General Data Protection Law) implementation. This will help you implement a data protection program in your sector on a daily basis.

The protection of personal data in extrajudicial settings.

In August 2022, the National Council of Justice issued Provision number 134.

The summary reveals that the purpose of the provision is to establish the measures to be adopted by extrajudicial services nationwide for the process of adapting to the General Law on the Protection of Personal Data.

Therefore, in addition to the judicial bodies, extrajudicial services must also pay attention to the rules of the LGPD (Brazilian General Data Protection Law ).

In the provision, two rules stand out when dealing with data protection in the public sector.

The first of these concerns the creation of the Data Protection Commission. This is an advisory commission responsible for proposing, independently of any prompting, guidelines with criteria on the application, interpretation, and adaptation of the Registry Offices to the LGPD (Brazilian General Data Protection Law).

The second rule that gained considerable attention was the one concerning the need for training. Therefore, registry offices must conduct training sessions to implement a culture of privacy and personal data protection, as well as to train all those involved in the processing of personal data.

These and other devices influence the culture and the strengthening of data protection in our country. It is worth noting that if you work in the public sector, professional development in this area is essential, especially through postgraduate programs.

That's because, when you become an expert in a field, in addition to professional prestige, you can climb to new positions, acting as an authority in the area of ​​data protection.

LGPD sanctions

It is important to highlight that failure to comply with the rules set forth in the General Data Protection Law may result in sanctions by the administrative authority.

To give you an idea, among the administrative sanctions provided for in the LGPD (Brazilian General Data Protection Law) for violations of its rules, the following stand out:

• a warning, with the possibility of corrective measures;
• a fine of up to 2% of revenue, with a limit of up to R$ 50 million;
• The blocking or deletion of personal data related to the irregularity, the partial suspension of the database's operation, or the partial or total prohibition of the data processing activity.

It is worth mentioning that the oversight will be carried out by the National Data Protection Authority, which has the mission of implementing and monitoring compliance with the general law.

The ANPD itself recently published a Guidance Guide on the Processing of Personal Data by Public Authorities in order to facilitate data processing in the sector.

These and other alternatives help public sector agencies and entities implement the LGPD (Brazilian General Data Protection Law) rules, as well as assist employees who work directly with data processing.

Dialogues between the CDC and the LGPD

Another important point to consider when discussing data protection is that, in cases of violation of the data subject's rights within the context of consumer relations, the rules on civil liability established in the Consumer Protection Code (CDC) will apply.

However, when dealing with the public sector, it is worth remembering that these rules only apply to public companies and mixed-economy companies when they operate in a competitive environment within the context of a consumer relationship.

Education about data protection

Personal data protection is also being discussed here at IDP Online! In addition to the postgraduate program in Digital Law, we also carry out some initiatives to help you better understand the issues surrounding the LGPD (Brazilian General Data Protection Law).

In the first season of IDPcast , we discussed the LGPD! The program featured IDP Online professors Vládia Pompeu, Antônio Rodrigo Machado, Flávio Unes, and Danielly Gontijo, who spoke about the importance of data protection in our country.

In the free materials, you will also find the free course LGPD: general and controversial aspects . The course includes two recorded classes, in which the instructors address the adaptation mechanisms that must be adopted by the public and private sectors to comply with the LGPD.

Specialize in Data Protection in the public sector!

That being said, you already know, you need to specialize in Digital Law and Data Protection!

With IDP Online's postgraduate program, you can study from anywhere in Brazil, including exchanging ideas live with the country's most renowned professors. This will greatly facilitate your learning journey, as you will have the support of the leading professionals in the field.

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