Presidential decree discusses governance in data sharing by Public Authorities


Presidential decree discusses governance in data sharing by Public Authorities


Decree n. 10,046/2019, which establishes rules and guidelines for data sharing between direct, local and foundational public administration bodies and entities and the other Public Powers, was recently signed into law by the President of the Republic. This Decree acts in a complementary manner to the General Data Protection Act (Law n. 13.709/18 - “LGPD”, in Portuguese), defining some attributes to be considered as shared personal data and establishing the levels of sharing of personal data within the public administration, from the degree of confidentiality of the data that is under the control of the Government. Based on these definitions, specific sharing rules and security measures will be established for such transfers.

The Decree also establishes the Citizen Base Register and the Central Data Governance Committee. The former aims at creating a unique integrating database, in interoperable format, capable of making personal citizen information available to the organs and entities of the Federal Executive Branch; and the latter being a deliberative body, having as its main competences the establishment of guidelines and rules for the different sharing categories (broad, restricted and specific); evaluating the compatibility of information security policies with the shares made; the quality evaluation of the registered data; the resolution of disputes on the validity of registration information and the rules of prevalence between any conflicting administrative records, in the case of cross-checking of information in the Base Registry databases; among others.

Read the entire decree n. 10.046, 09/10/2019 at: http://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2019/Decreto/D10046.htm