- How has ANPD guided public agencies and institutions — such as Public Records services — in the application of LGPD, especially when there is a need to balance data protection with the legal transparency of registration acts?
R = The National Data Protection Authority (ANPD) has advised public agencies and institutions, such as Public Records services, to apply LGPD based on the balance between the protection of personal data and the legal transparency of registration acts. In view of this, it is recommended that the processing of data is always linked to the legal purpose of a service, based on compliance with a legal requirement, avoiding excessive or unnecessary disclosure of especially sensitive personal data. The disclosure of records for transparency purposes remains in effect, but should abide by the principles of minimization, necessity, and security, restricting access to information that is not essential to the purpose of the act. ANPD has stressed these criteria through guidelines, such as the Guide for Public Sector Processing Agents, and highlights the importance of notary publics and public agencies to take technical and administrative measures to ensure compliance with LGPD without compromising the transparency required by the registration legislation.
- What measures can citizens take, based on LGPD, if they feel that their data is being processed inappropriately by public institutions, such as notary publics? And what is the role of ANPD in these cases?
R = If citizens feel that their personal data is being processed improperly by public institutions, such as notary publics, they can take some measures based on LGPD. The first is to exercise their rights directly with the notary public, requesting information about the processing of data, rectification, anonymization, blocking or deletion of excessive data or data processed in noncompliance with the law. If they do not get an appropriate response or within a reasonable time, they can file a complaint with ANPD, which is the agency responsible for supervising and enforcing LGPD. ANPD acts as a regulatory agency, being able to guide, warn, file administrative procedures, and impose penalties whenever necessary, including in relation to public entities. In addition, citizens can also turn to the Federal Prosecution Office or the Court System to seek redress for any damages caused by the misuse of their data.
- Has ANPD identified or analyzed cases involving the processing of personal data in Public Records services? Are there any specific positioning or recommendations issued for this sector?
R = Yes, the National Data Protection Authority (ANPD) has already analyzed issues relative to the processing of personal data by Public Records services. Although there are no specific public cases involving notary publics, ANPD published the “Guidance for the Processing of Personal Data by the Government” (“Guia Orientativo para o Tratamento de Dados Pessoais pelo Poder Público”), which establishes guidelines for public agencies, including notary publics, on how to apply LGPD in order to balance data protection with the legal transparency required for registration acts. In addition, ANPD released a list of ongoing inspection processes to ascertain compliance with LGPD by several institutions and agencies, which demonstrates its active role in supervising compliance with the law.
Autor: Raissa Varrasquim Pavon • email: raissa.pavon@ernestoborges.com.br
