With the advancement of the General Data Protection Act (GDPR), access to financial information by state finance departments has raised concerns about the privacy and security of this data. But how will the government balance control of taxpayers’ financial data while also ensuring bank secrecy and compliance with LGPD guidelines?
In recent years, privacy and personal data protection has become one of the most discussed topics in Brazil, especially with the entry into force of the General Data Protection Law (GDPR), Law No. 13.709/2018. But now, with the recent decision of the STF pursuant to Convention No. 134 of the National Council for Financial Policy (.Confession), which allows state finance departments to access the sensitive financial data of millions of taxpayers, many questions are being raised about the role of the state in protecting this data and how to ensure that citizens’ information is adequately protected against any form of abuse or misuse.
The LGPD, as a law, in this context, imposes a series of obligations that must be strictly respected by all organizations and entities that process personal data in Brazil, including state-owned agricultural companies, and establishes clear guidelines on how data must be collected, processed and stored, with the aim of protecting the rights of the owners and ensuring the ethical use of such information.
Transparency and Purpose: Foundations of the LGPD
One of the pillars of the LGPD is transparency in data processing. This means that when sharing information with financial departments, financial institutions must be fully aligned with the principles of specific and legitimate purpose. In the tax field, bank secrecy and taxpayers’ financial data must be used exclusively for inspection and tax collection purposes, without deviations of purpose that could compromise the privacy of the holders.
Furthermore, the LGPD guarantees citizens the right to know what data is collected and processed by the State. The interested party may, at any time, request access to their data, as well as the correction of any inconsistencies. This prerogative strengthens the position of the taxpayer towards the State, promoting a relationship of greater trust and transparency between the parties.
For Stella Moino, Operations Coordinator at the Tax and Legal Office International Accounting“State-owned farms have a duty to ensure that all taxpayer financial information processing processes follow LGPD guidelines. This law, created by the government itself, exists to prevent sensitive information from being used incorrectly or irregularly.”
According to the executive, to mitigate risks, it is essential that departments adopt robust security measures, such as implementing encryption systems, data governance policies and training their employees on information protection best practices. Only by implementing adequate processes will state governments be able to detect and prevent possible data leaks or inappropriate use of taxpayer financial data.
Inspection and Sanctions: The Power of the LGPD in Action
The National Guarantor for Data Protection (ANPD), responsible for monitoring compliance with the LGPD, plays an essential role in ensuring that public and private entities comply with the established rules. In the case of financial departments, any violation of the LGPD must be rigorously investigated and, if necessary, punished based on the seriousness of the infringement.
In the context of the LGPD, it is worth noting that the applicable sanctions are not limited to fines. Depending on the violation, departments may be forced to stop processing data, delete improperly collected information, or even face legal action for any damage caused to data subjects.
These measures aim to ensure that not only the population, but also the State acts responsibly and transparently, ensuring that access to sensitive data occurs in accordance with the ethical and legal principles established by the LGPD.
In this context, Stella points out: “Parliament has created a law that obliges society to handle sensitive information with rigor and responsibility. Paradoxically, the judiciary has granted state finance departments unlimited access to the financial data of all taxpayers. These facts raise a fair debate, and ask whether the state believes that exceptions confirm the rule, or whether the ends, in fact, justify the means. It raises the question: does the treasury administration consider itself exempt from the same legal obligations imposed on ordinary citizens?”
The Future of Data Protection in the Country
According to the executive, since the discussions on privacy, banking secrecy and data protection are strengthening, the importance of a continuous dialogue between public bodies, businesses and society is becoming increasingly evident. And in this context, the success of the LGPD depends not only on the control and application of sanctions, but also on a cultural change, in which respect for people’s privacy is considered an absolute priority in all areas.
The digitalization of tax processes and access to sensitive financial data cannot compromise the fundamental rights of citizens. It is up to the State, in all its spheres, to ensure respect for privacy and data protection at every stage of information processing, promoting efficient and responsible governance.
And for taxpayers, the LGPD is a powerful tool to defend their rights, allowing greater control over their personal and financial information. For the State, the law poses the challenge of reconciling the need for tax control with the duty to protect citizens’ privacy, ensuring that data processing is carried out in an ethical, secure and transparent manner.
Now, the future of privacy and banking secrecy in Brazil depends, to a large extent, on the State’s commitment to the protection of personal data and, interestingly, it is the LGPD that provides the necessary guidelines for this commitment to be respected.
Website: https://contabilidadeinternacional.com/
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
-soel3e5f1bg6.png "Divaldo di Medium divaldo dies at 98")
