The presidential decree that created the Citizen Base Register may suffer a setback in Congress. That’s because a Legislative Decree Project (PDL) from the PSOL (Socialism and Freedom Party) bench in the Chamber of Deputies asks for its annulment.
Presented on Tuesday (22), the PDL 675/2019 proposes to overturn the effects of Decree 10.046 / 2019, signed by President Jair Bolsonaro. The government text establishes rules for the sharing of citizen data between public agencies.
In justifying its project, PSOL states that the decree of the Citizen’s Base Register “fails in its regulatory role in generating legal uncertainty regarding the protection of personal data within the scope of public administration”.
The government wants a base that includes data such as CPF, name and date of birth, fingerprint, voice and way of walking. For PSOL, the system can become “a dangerous instrument under the administration of an authoritarian bias management or that seeks to monitor or repress opponents”.
The party also says that gathering so much data in one place increases the vulnerability. “Centralization also poses problems with regard to the security of citizens’ information, which may have real dossiers on their private life”, he justifies.
PSOL points out violation of LGPD in the decree
The presidential decree would be in violation of the General Data Protection Law (Law 13,709 / 2018), according to PSOL. The party claims that the text disregards the points provided for in the law, such as 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 ‘cadastral data’, the decree ignores not only the definition of personal data from the LGPD, but also the specificity of sensitive personal data, that is, those related to racial or ethnic origin, religious belief, political opinion, union membership or character organization
religious, philosophical or political, health or sexual life, genetic or biometric data ”.
The party also argues that the Base Citizen Register is incompatible with the purpose principle established by the LGPD. It prevents, for example, 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 that the holder gave his consent at the time of collecting his information, nor how he will be informed of this operation”.
Conflict between data protection agencies
The proposal to overturn the presidential decree also criticizes the Central Data Governance Committee. The group, which will be formed only by members linked to the federal Executive Branch, should define rules for the sharing of data between public agencies.
PSOL questions the absence of other sectors of society in the committee’s debates and claims that the group has competences that conflict with those of the National Data Protection Authority (ANPD). “The performance of the committee provided for in the decree should be subsidiary to the guidelines formulated by the central [ANPD]”.
This is not the only proposal to annul the decree that creates the Citizen’s Base Register. O PDL 661/2019, by deputy André Figueiredo (PDT-CE) was presented on the same day of publication of the presidential text and has the same purpose as the PSOL decree.
Figueiredo’s proposal, however, is more advanced and has already been dispatched for analysis by the Chamber’s commissions. The PSOL proposal, in turn, is still on the Board of Directors, which will indicate which commissions it will go through.