Vinícius Marques de Carvalho stated that the body is studying associating secrecy with a periodic review or the death of the data owner
Minister Vinícius Marques de Carvalho said on Monday (June 4, 2024) that the CGU (Comptroller General of the Union) is studying changing the 100-year confidentiality period of the LAI (Access to Information Law) for information considered sensitive. The statement was given to the program Roda Vivafrom the TV Cultura.
“We are having this debate to even propose a bill to remove the 100 years and have another rule, which can be associated with periodic review, the death of the person, etc. Because something that is sometimes personal and sensitive data today may not be so tomorrow”he stated.
According to the minister, the provision of hiding information for 100 years was created under the possibility of eternal secrecy of sensitive data. “The whole question is to what extent this intimacy can or cannot be revealed after a certain period”, he pointed out.
The decree of secrecy based on article 31 of Law no. 12,527 2011 was used on a large scale by the government Jair Bolsonaro (PL). The NGO (non-governmental organization) Transparency Brazil disclosed, in January 2012, that 1,379 requests via LAI were denied from 2015 to 2022 under the prerogative.
Of the total, 1,108 were between 2018 and 2022. The organization classified 513 secrecy as “improper”.
During the campaign, the removal of Bolsonaro’s secrecy was one of the president’s promises Luiz Inácio Lula da Silva (PT). However, a survey carried out by the newspaper State of S. Paulo and the DataFixers.org. pointed out that the Lula government used the prerogative for 1,339 requests.
The minister denied that this was the case. According to him, cases are denied because they involve third party personal data and are justified by article 31. So, “they think it’s a 100-year secrecy”, according to him.
Vinícius also stated that the government declassified information that was treated as personal data by the Bolsonaro government, but which in fact was not.
“You [Vera Magalhães, âncora do Roda Viva] gave the most scandalous example of entering a public building. I can’t say that certain people entered the MEC (Ministry of Education) building because it’s personal data, that doesn’t make any sense and we reviewed cases like this”, he said.
Vinícius de Carvalho also stated that the CGU received 130 thousand requests via LAI in 2023 and broke a record by meeting 75% of them.
In May 2023, the CGU updated the LAI regulations and determined that the protection of personal information must be reconciled with the right to access information. However, the maximum term of 100 years was maintained.
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