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Article 23

Specific Rules for the Processing of Personal Data by the Government

The processing of personal data by legal entities governed by public law referred to in the sole paragraph of art. 1 of Law No. 12,527, of November 18, 2011 (Access to Information Law), shall be carried out for the fulfillment of its public purpose, in the pursuit of the public interest, with the purpose of executing the legal competences or fulfilling the legal attributions. public service provided that:

  • I - inform the hypothesis that, in the exercise of their competences, they carry out the processing of personal data, providing clear and up-to-date information on the legal provision, purpose, procedures and practices used to perform these activities, in vehicles of easy access, preferably on their websites;
  • II - (Vetoed); and
  • III - a supervisor is appointed when performing personal data processing operations, pursuant to art. 39 of this Law; and
  • IV - (Vetoed).
  • 1. The national authority may provide for the forms of advertising of processing operations.
  • 2. The provisions of this Law do not exempt the legal entities mentioned in the caput of this article from instituting the authorities referred to in Law No. 12,527, of November 18, 2011 (Access to Information Law) .
  • 3. The terms and procedures for exercising the rights of the holder before the Government shall observe the provisions of specific legislation, in particular the provisions of Law No. 9,507 of November 12, 1997 (Habeas Data Law ) , Law No. 9,784. , of January 29, 1999 (General Law on Administrative Proceeding) , and of Law No. 12,527, of November 18, 2011 (Access to Information Law) .
  • 4. The notary and registration services performed privately, by delegation of the Government, shall have the same treatment as the legal entities referred to in the caput of this article, under the terms of this Law.
  • 5. The notary and registry bodies shall provide access to the data by electronic means to the public administration, in view of the purposes referred to in the caput of this article.