Proteção de dados pessoais no contexto da administração pública: a responsabilidade civil da administração pública no tratamento de dados

Abstract

The General Data Protection Law (LGPD) (Law No. 13,709/2018) aims to protect citizens' rights in the face of the increase in the collection of personal data and, with the enactment of this law, the processing of data carried out by the public sector is now governed by strict principles and specific obligations. Thus, it is intrinsic to state that the main problem of this work was to question to what extent the civil liability of the public administration in the processing of personal data is conceived. Therefore, the hypothesis for this question arises that the processing of personal information in the governmental context must have clearly defined and communicated purposes, restricted to the minimum necessary to meet these objectives. It is worth highlighting that in terms of responsibility, the LGPD requires the Public Administration to implement robust governance measures to guarantee data privacy and security. Therefore, the civil liability of the public sector for data processing follows a regime of objective liability, which means that, if there is harm to the data subject, the government must compensate the injured party, regardless of intent or fault. This regime objectively balances state power, establishing that, given the superior power and resources of the State, it must bear the damages resulting from its actions, which is reinforced by the principle of administrative risk. This principle maintains that the State assumes the risk of losses caused by inadequate data processing and must repair the damages, including in cases of security failure or misuse. Therefore, the justification for this work is the great importance of addressing data protection in public administration, since government entities deal with a significant amount of personal information and citizen satisfaction. Thus, the methodology of this work is deductive in nature, in which the General Data Protection Law was analyzed in general terms to address civil liability in matters of personal data, using bibliographic and documentary research techniques, considering that, for this purpose, the case law and legislation addressed were analyzed.