Brazilian General Data Protection Law (LGPD): the relationship between information policy and information regime

D'Oliveira, Nadine Passos Conceição; Cunha, Francisco José Aragão Pedroza

doi:10.20396/rdbci.v22i00.8675749/en

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Research Article • Rev. Digit. Bibl. and Cienc. Inf. 22 • 2024 • https://doi.org/10.20396/rdbci.v22i00.8675749/en copy

Brazilian General Data Protection Law (LGPD): the relationship between information policy and information regime

Authorship SCIMAGO INSTITUTIONS RANKINGS

ABSTRACT

Introduction:

This article brings reflections on the General Data Protection Law (Law nº 13,709/2018) based on the theoretical framework in Information Science. The objective of this article is to present Law No. 13,709/2018, a legal-normative resource for a national information policy, from an information regime perspective.

Objective:

It is to present the General Data Protection Law (Law nº 13,709/2018), a legal-normative resource for a national information policy, from an information regime perspective. Documentary analysis was applied, in which the aim was to verify constituent elements of information regimes proposed by González de Gómez in the LGPD context, searching in laws, decrees, and Brazilian Federal Government’s ordinances, technical recommendations and selected reports.

Results:

It is inferred that laws like LGPD must be observed by the actors involved, the social practices that are conditional, the informational environment in which it will be applied and its production situation (who, for whom and why), that is, its information regime.

Conclusions:

It considers that information policy studies need to be carried out, in Information Science, through information regime perspective for better understanding its context of creation, applicability, and adequacy.

KEYWORDS
Brazilian general data protection law; Information policy; Information regime

LGPD (BRAZIL, 2018)	LAI (BRAZIL, 2011)
PERSONAL DATA: "information relating to an identified or identifiable natural person" (Art. 5, point I).	PERSONAL INFORMATION: "information relating to an identified or identifiable natural person" (Art. 4, item IV); "information relating to privacy, private life, honor, and image" (Art. 31, § 1)
SENSITIVE PERSONAL DATA: "personal data concerning racial or ethnic origin, religious conviction, political opinion, membership of a trade union or religious, philosophical or political organization, data concerning health or sex life, genetic or biometric data, when linked to a natural person" (Art. 5, item II).	There is no concept in the LAI that can be related to the "sensitive personal data" of the LGPD.

Information Regime [information environment] Data market - Open Government [Digital Government]
Information Device	Social actors	Information Artifacts	Information actions
LGPD	Controller and Operator (treatment agents)	Organizational assets: • databases; • documents; • equipment; • physical locations (archives, libraries and others), • people, • systems; and • organizational units	Relational: Data processing (collection; retention; processing; sharing and deletion) Enforcement of data subject rights; and Personal Data Inventory (PDI) or register of personal data processing operations and Personal Data Protection Impact Report (PDPIR).
	In charge		Mediation: Ministry of Economy Guides; Repository of publications by the ANPD with guides and technical documents; and Primers, manuals, guides and guidelines published by the Controller on data processing practices.
	Holder		Training: Courses, trainings, and other capacity-building activities to instruct employees linked to the treatment agent .
	ANPD

Universidade Estadual de Campinas Rua Sérgio Buarque de Holanda, 421 - 1º andar Biblioteca Central César Lattes - Cidade Universitária Zeferino Vaz - CEP: 13083-859 , Tel: +55 19 3521-6729 - Campinas - SP - Brazil
E-mail: rdbci@unicamp.br

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[1] Conflicts of interest: Authors certify that they have no commercial or associative interest that represents a conflict of interest in relation to the manuscript.

Personal data element	Information	It can be objective (e.g. age) or subjective (e.g. debtor X is trustworthy).
	Related to	A piece of data can be considered related to an individual if it relates to one of the following criteria: (i) it relates to content about the individual; (ii) has the purpose of evaluating an individual or their behavior; or (iii) has an impact on the interests or rights of the individual.
	Natural person ⁵ 5 In this case, it is assumed that it applies to the processing of personal data of natural persons, i.e. living persons, since, according to Article 6 of the Civil Code, the existence of a natural person ends with death. The post-death protection of the personality rights of personal data subjects would therefore not be covered by the LGPD, as there is no longer any development of personality. The LGPD therefore only applies to information relating to natural persons, i.e. living, identifiable or identified persons (Autoridade Nacional de Proteção de Dados, 2023b, p.1).	To be personal, the information must relate to a human individual.
	Identified or identifiable	“Identified” means that the link to the individual is made directly, such as by processing their full name or photo. As “identifiable”, the link is indirect, and a cross-checking process may be necessary for identification. This, however, does not eliminate the characterization of the data as personal data. This is the case with identifiers such as a natural person's ID, CPF, address and telephone number.