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Article 26

Sharing Personal Data by the Government

The shared use of personal data by the Government must meet specific purposes of public policy execution and legal attribution by public bodies and entities, respecting the principles of protection of personal data listed in art. 6 of this Law.

  • 1. The Government may not transfer to private entities personal data contained in databases to which it has access, except:
    • I - in cases of decentralized execution of public activity that requires the transfer, exclusively for this specific and determined purpose, observing the provisions of Law No. 12.527, of November 18, 2011 (Access to Information Law) ;
    • II - (Vetoed);
    • III - in cases where data are publicly accessible, subject to the provisions of this Law.
    • IV - when there is a legal provision or the transfer is supported by contracts, agreements or similar instruments; or
    • V - in the event that the transfer of data is intended solely to prevent fraud and irregularities, or to protect and safeguard the security and integrity of the data subject, provided that processing for other purposes is prohibited.
  • 2 The contracts and agreements referred to in § 1 of this article shall be communicated to the national authority.