LGPD AND INTELLIGENCE

THE LIMITS IN THE TREATMENT OF PERSONAL DATA GATHERED FROM OPEN SOURCES

Abstract

Intelligence services leads a vital work for the safeguard of both the society and the State. The technological progress has brought new aspects and greater challenges to its activities, with increasingly complex threats in fields as terrorism, cyber attacks and criminal networks. This scenario requires further development and new techniques which enable the achievement of its institutional mission efficiently. Conversely, if misadministrated, the work of identifying and addressing these threats may potencially impact fundamental rights, specially privacy and data protection. In recent years, changes in law have sought to regulate, control and guarantee transparency in the treatment of accessible data, both to legal entities of private and public law. In Brazil, an example is the Law nº 13.709/2019, known as Lei Geral de Proteção de Dados Pessoais (LGPD). This law states that the processing of personal data, when performed for the exclusive purposes of State security, will be governed by specific legislation. This paper aims to present the importance of the balance between personal data processing and protection in this future specific legislation. To this extend, it will present some of the challenges in the use of new technologies that utilize data from open sources, discuss the impacts that the improper use of these data can generate and demonstrate how adequate laws are necessary to protect both fundamental rights and guarantees, as well as the Intelligence professional and the Activity, allowing the brazilian Intelligence Service to fulfill its mission with excellence.