Personal Data Protection And Its Restrictions: A Reflection In Times Of Pandemic

Authors

DOI:

https://doi.org/10.5335/rjd.v36i2.13685

Keywords:

Personal Data Protection, Transparency, Access to information, Pandemic

Abstract

This article proposes to present considerations about the appropriateness of restrictions to the fundamental right to personal data protection when faced with a situation of a dystopian scenario such as the SARS-CoV-2 Pandemic. After, it faces the situations and limits to the treatment and use of personal data by the Government and the private sector based on some fundamentals, principles and rules of the General Law for the Protection of Personal Data (Law nº 13.709/2018) and the Access to Information Law (Law nº 12.527/2011), with the legislative set that supports them based on Complementary Law nº 101 of 05/04/2000, and the Fiscal Responsibility Law, as amended by Complementary Law nº 131 of 05/27/2009, and also by Law nº 14.129/2021, which provides for principles, rules and instruments for Digital Government, as well as the regulatory set that is subsidiary and complementary to it.

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Author Biography

  • Regina Linden Ruaro, Pontifícia Universidade Católica do Rio Grande do Sul, Porto Alegre, RS

    Lawyer and Legal Consultant in the areas of Administrative Law, Digital Law and Personal Data Protection. Professor at the Law School of the Pontifical Catholic University of Rio Grande do Sul. Federal Attorney / retired AGU. PhD in Law from Universidad Complutense de Madrid (1993) with title revalidated by UFRGS and Post-Doctorate from Universidad San Pablo - CEU of Madrid (2006/2008), Post-Doctoral Internship at Universidad San Pablo - Ceu of Madrid (2016) Member of the International Research Group "Data Protection, Transparency and Access to Information". Coordinator in Brazil by PUCRS/PPGD/PUCRS in the Project "Identidad Digital, Derechos Fundamentales y Neuroderechos" - Spain. Invited Professor for the Master in Data Protection, Transparency and Access to Information at Universidad San Pablo de Madrid-CEU/Spain. Associate Dean of the Law School (2018/2021), Member of the Management Committee of the Biobanco of PUCRS, Honorary Member of the International Institute for the Study of State Law - IEDE. Leads the Research Group registered at CNPq: Protection of Personal Data and Fundamental Right of Access to Information in the Democratic State of Law in the line of Law, Science, Technology and Innovation. Member of the PPGD/PUCRS Group in the HANGAR Project.

Published

2022-10-03

How to Cite

Personal Data Protection And Its Restrictions: A Reflection In Times Of Pandemic. (2022). Law of Justice Journal, 36(2), 255-287. https://doi.org/10.5335/rjd.v36i2.13685