Data privacy and Public Administration

The use of personal data by the public sector in times of health emergency

Abstract

Due to the popularization of the internet and the digitization of everyday life, the issue of data privacy has been increasingly highlighted in the legal debate. The race to adapt to data privacy and the need for more tools to protect privacy are part of a reality that has been imposed on entities and agents of society, the market and, of course, the State. In this way, the performance of the Public Administration is conditioned to the observance of this right, in all its instances and competences, from administrative to normative. In this sense, through qualitative methodology and literature review, this article seeks to analyze the joint judgment of direct actions of unconstitutionality 6387, 6388, 6389, 6390 and 6393, in the scope of the Federal Supreme Court, to investigate the controversy about the possibility or need for the use of personal data by a public entity with a view to implementing public policies throughout the pandemic-emergency state established in Brazil due to the Covid-19 pandemic. It will also seek to understand if the position adopted by the Supreme Court is another case of judicial activism or if, on the other hand, it constitutes a mechanism to protect the Democratic State of Law and is in accordance with good practices. of the protection of personal data.