Interoperabilidade e compartilhamento de dados a partir da lei de proteção de dados.

Abstract

The present work monographic has as theme the interoperability and sharing of data from the data protection law and has as objective to investigate and to point the limits and the possibilities of sharing and the interoperability of data by the public and private subjects from the general data protection law in Brazil. In this context, the problem to be faced consists in which the limits and the possibilities of the interoperability and sharing of data by the government and by private subjects in accord with the general data protection law in Brazil. To handle this task, it is used the deductive hypothetical method. In the first chapter will be addressed the meaning of the fundamental data right and the consonance with the privacy and intimacy, the international legal ordem and national concerning to General Data Protection Law (GDPL) and difficulties in as well as the possible consequences in democracy. While in the second chapter will be treated about the GDPL regulates, the protection and data that the State private sphere must comply to be in line with the standard, of competence to legislate about data protection and about understanding regarding the National Data Protection Authority, beyond the difficulties of weighing of Acess to Information Law and the General Data Protection Law. In the end, in the third chapter will be seen the Digital Public Governance with the obstacles for the data processing in modernity, the importance of government information systems and shares data public policies, public services and social control, the positive points for interoperability in national public administration and not less important the currencies and infeasibility sharing and interoperability through laws of widespread law studies and court decisions. Thus, in terms of conclusion, it can be stated that interoperability has the possibility of occuring for the implementation of democracy through tools thatcan provide social control, avoiding duplication of information and loss services provided in digital format with a proposition of a government more effective in its actions, avoids the display of both information and documents with regard to the individual interested in the search for informational elements, public policies better utilized due to the possible exchange of records with the use of necessary materials, however it has the limitation of public information subject to secrecy for reasons of security for society and the State, as well as personal data in the private sphere, requirements, information and communication security, technological capacity, profitability, data access costs, reuse of invested infraestructure, protection of personal data, data in physical format and regulations that require certain requirements for its implementation. Furthermore, sharing must respect the consente of the data holder and the public interest, with consent not being necessary for public policies. In addition, data from the broad category does not require consent for sharing, from the restricted category it requires permission from the competente authority and cannot have new transmission as a rule, the same being true for the specific one. Furthermore, whoever requested the data must bear the costs and agreements, as well as other instruments, wich are not requirements for the procedure.