If, on the one hand, (LGPD) was a huge achievement in defending individual rights, the inadequate application by the public sector has been disastrous for participation and social control. Since its promulgation, undeniable public interest data have gone to disappear and right. And worse, without notice or registration, still falling on civil society the burden of seeking incessantly – and discovering – these new black holes of transparency.
This week, experts realized that the Ministry of Management and Innovation has removed from Transfergov access to all invoices, contracts, list of leaders and certificates of NGOs benefited by public resources. In January the blockade of their installment reports under the justification of the “integral adequacy to the LGPD”.
At the end of March, the National Council of the Public Prosecution Service (CNMP) announced that it intends to remove the names of the payroll promoters and allow the deletion of data after five years. The measure, proposed by the counselor Antonio Edílio Magalhães, was by organizations such as the.
The clowning is not recent – and cross governments. The use of LGPD as a shield against transparency began even before the full text came into force.
Still in 2019, the São Paulo City Council simply stopped publicizing the salaries of the councilors, alleging issues regarding privacy. We filed a lawsuit against the house, but we follow in the battle for the obvious. It is unbelievable that there is any discussion about salary transparency today – pacified for almost 20 years by the Supreme Court, long before even the Law on Access to Information.
In 2021, the Superior Electoral Court of parties affiliated data used to oversee political influence on commission positions and nominations. The information about campaign donors just did not go together by.
Since 2022, Inep starred in one of the most reported cases on the harmful effects of LGPD on public transparency. The agency began to block access to, compromising the monitoring of educational policies.
NO, the (Federal Court of Audit) has published an audit on the harmful effects of the way the public administration has applied LGPD on issues expensive to society. The document points out that “Standards and guidelines have a greater emphasis on data protection than in transparency of information and do not deal with the topics in an integrated manner” and demands positioning and performance of the National Data Protection Authority and the CGU (Comptroller General of the Union) to address the problem.
Designed and written with the best of intentions, the practical application of LGPD in the public sector has served as a smoke curtain for the information blackout and the widespread escape from accountability. Few recent laws were so poorly interpreted – in deliberately distorted – against the public interest. We need to correct this route: Protecting personal data cannot mean sabotaging social control over the state.
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