Texto | Environmental policies, public transparency, and data protection: the legal feasibility of sharing personal data within the scope of the Rural Environmental Registry |
Environmental policies, public transparency, and data protection: the legal feasibility of sharing personal data within the scope of the Rural Environmental Registry
- The insufficient availability of data on landowners and the use of the LGPD as an argument to avoid sharing this information.
- Analysis of an information request process in which personal data of landowners in deforested areas was blocked on the grounds that there was no potential risk to the honor and image of these owners.
- Questioning about the interests behind the blockade and the impact on the diffuse and collective rights of the Brazilian population.
- Misinterpretations of Brazilian legislation that lead to the confidentiality of information, despite the LGPD and the Access to Information Law allowing the disclosure of personal data with legal protection.
Based on the findings, the report presents the following recommendations:
- Opening of the CAR database to identify owners related to deforestation alerts.
- Change in normative instructions to expand the list of CAR data that must be disclosed and avoid the logic of confidentiality regarding personal data.
- Training of public servants involved in analyzing requests for access to information related to environmental issues to ensure adequate treatment and data security.
The study also proposed models of legal interpretation that combined the right to information with the protection of personal data in environmental policies. Examples of existing practices for active and passive transparency of CAR data were also presented.