Proteção de Dados: um estudo de caso no Tribunal de Contas do Estado da Paraíba

Abstract

This research had the general objective of identifying, through an interview, how the Court of Auditors of the State of Paraíba (TCE-PB) is adapting to the innovations provided by the General Law for the Protection of Personal Data (LGPD). Based on State Law No. 3627 of august 31, 1970 and, according to Normative Resolution TC No. 010/2010, it is incumbent upon the TCE-PB to assess the accounts annually by the State Government and by the Municipal Mayors, issuing a prior opinion on them, in addition to of several other competences aimed at exercising the essential functions of external control. The LGPD provides for the treatment to be carried out regarding the personal data of individuals or legal entities (whether public or private law), mainly within the scope of digital means, with the aim of protecting the fundamental rights of freedom, privacy and free development of each individual. Witch regard to the public sphere, the LGPD establishes in its chapter IV, the provisions regarding the processing of personal data by the public power, determining in the caput of art. 23, that it must be carried out to fulfill the purpose of the public service. After addressing the context in which the entities that make up the public administration are included in the LGPD, as well as the scenario in which the TCE-PB is involved in our society, it is worth highlighting the main normative acts published by the Court in view of the changes provided by the LGPD. Administrative Resolution No. 07/2021 of the TCE-PB, published in the court’s official electronic journal on June 22, 2021, establishes the Personal Data Protection Policy – PPDP within the scope of the accounts body. In view of the above, it appears, again, that the resolution follows in strict compliance with the determinations contained in the LGPD, including those mentioned above, regarding the sharing of personal data by the public power, being permissible only to meet the specific purposes of implementing public policies. Therefore, aiming at the protection of sensitive information whose ownership belongs to the natural person under the terms of the LGPD, the Court of Auditors worked mainly on the information security layer and on the computation of personal data, discussing ways to safeguard such information those that are inserted in this database.