Citizen Base Registration: new decree limits knowledge use, creates Committee and gives for punishment

In compliance with the choice of the Federal Supreme Court docket (STF) associated to Citizen’s Base Registration (‘Registration’)the federal authorities revealed on Friday (25) a new decree (11.266/22) with a sequence of settings authentic on the Govt’s knowledge crossing system in an additional version of the Federal Official Gazette.

In September, the Court docket ordered the federal government to incorporate a sequence of ensures primarily based on the Common Information Safety Regulation (LGPD) that must be included into the executive guidelines for sharing knowledge below the Cadastro Base do Cidadão, along with opening the Central Committee Information Governance and supply for legal responsibility for misuse.

When voting, in the course of the judgment of the 2 actions associated to the Cadastrão, the rapporteur Gilmar Mendes recalled that “any interpretation within the sense of permitting broad, unrestricted and irresponsible dissemination of private knowledge held by the State conflicts not solely with a number of categorical provisions of the presidential decree itself, however primarily with delicate precepts that make up the spine of the Structure of the Republic and the Common Regulation for the Safety of Private Information, such because the rights to privateness and informative self-determination”.

Picture: Natanaelginting/Tommy Video/Freepik

The sequence of modifications within the new textual content additionally brings a elementary precept, wherein “The usage of the Citizen’s Base Register, or the crossing of this with different bases, for finishing up knowledge processing geared toward mapping or exploring particular person or collective behaviors is prohibited. of residents, with out the categorical, prior and particular consent of the affected people and with out due transparency of motivation and goal.”

As well as, the brand new decree expresses that “the processing of private knowledge, at any stage of categorization for sharing, by our bodies and entities [da administração federal]is topic to compliance with authorized and constitutional parameters and can entail the civil legal responsibility of the State for damages incurred by people”.

It additionally remodels the aforementioned Central Committee, which is the supervisory and regulatory physique for the trade of knowledge from the completely different databases held by the State. Ministry of Economic system, Civil Home, AGU and CGU proceed, plus the Federal Income Service, the Ministries of Justice and Labor, along with the Common Secretariat of the Presidency – all with one seat every. There will probably be two seats for “society organizations with confirmed efficiency within the subject of private knowledge safety”. And, nonetheless, vacancies of friends for Chamber, Senate and Nationwide Council of Justice.

 

Through Digital Convergence

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