RIO DE JANEIRO, BRAZIL – A Legislative Decree Bill (PDL) submitted by PSOL (Socialism and Freedom Party) in the Chamber of Deputies calls for annulment of the decree.
Submitted on Tuesday, October 22nd, PDL 675/2019 proposes to overturn the effects of Decree 10,046/2019, signed by President Jair Bolsonaro. The government’s text establishes rules for the sharing of citizen data between public entities.
Justifying its proposal, the PSOL states that the Citizen’s Database decree “fails in its regulatory role by generating legal uncertainty regarding the protection of personal data within the scope of the public administration”.
The government wants a database that includes data such as the tax identification number (CPF), name and date of birth, fingerprints, voice, and way of walking.
According to the PSOL, the system could become “a dangerous tool under the administration of authoritarian bias management or one that seeks to monitor or repress opponents”.
The party also states that gathering so much data in just one place increases vulnerability. “Centralization also poses problems with regard to the security of citizens’ information, which may contain real files on their private lives,” it said.
PSOL notes violation of the LGPD in the decree
The presidential decree is also in violation of the General Data Protection Law (LGPD Law 13.709/2018), according to the PSOL.
The party claims that the text disregards certain provisions in the law, such as the citizens’ informational self-determination, respect for human rights, the free development of personality, dignity and the exercise of citizenship by natural persons.
“In creating the definition of ‘registration data’, the decree disregards not only the definition of personal data in the LGPD, but also the specificity of sensitive personal data, i.e., those related to racial or ethnic origin, religious conviction, political opinion, union membership or religious, philosophical or political organization, health or sex life, genetic or biometric data”.
The party also argues that the Citizen’s Database is incompatible with the principle established by the LGPD. It prevents, for instance, a photo used in the CNH (National Driver’s License) from being used in security systems with facial recognition.
“As it stands, the decree does not allow determining how data will be shared for purposes other than those for which the individual has given his or her consent at the time the information is collected, or how he or she will be informed of its use”.
Conflict between data protection agencies
The proposal to overturn the presidential decree also criticizes the Central Data Management Committee. The group, which will be made up exclusively of members linked to the federal executive branch, will be required to define rules for the sharing of data between public bodies.
The PSOL challenges the absence of other sectors of society in the committee’s debates and states that the group has conflicting competencies with those of the National Data Protection Authority (ANPD).
“The work of the committee provided for in the decree should be secondary to the guidelines issued by the central body [ANPD]”.
This is not the only proposal to annul the decree establishing the Citizen’s Database. PDL 661/2019, proposed by deputy André Figueiredo, was submitted on the same day the presidential text was published and its purpose is the same as that of the PSOL decree.
Figueiredo’s proposal, however, is more advanced and has already been forwarded for review to the Chamber’s committees. The PSOL’s proposal, in turn, is still at the Steering Committee, which will recommend which committees it will pass through.