PERFORMANCE AND TRANSPARENCY: from public to private

In our last two articles, we provided a complete overview of the Access to Information Law (LAI, Law No. 12.527/2011) and the General Data Protection Law (LGPD, Law No. 13.709/2018). Regarding the LAI, we demonstrated that its main function is to guarantee public transparency, access to information, and social control of Public Administration, establishing rules and guidelines for making processed data available. Regarding the LGPD, we generally addressed the structure of the legal framework and how the data processing process works, who the parties involved are, and how the entire regulatory process of the Law is structured.

In today's article, we will connect the Access to Information Law (LAI) and the General Data Protection Law (LGPD) to the relationships with the community and with the services provided by direct and indirect Public Administration bodies, and to the general characteristics of private companies. We will generally address private companies because we have put together a series of 3 articles (this one plus two more) that will form our articulation between the two regulations and the idea of ​​corporate strategic planning.

In this first article, the focus will be general, demonstrating the correlation between the two laws and the performance of government agencies and companies, addressing how this data serves as an instrument for social control exercised by us, the citizens. In the next two articles, we will take a more corporate approach, involving strategic planning, compliance, performance, and brand identity. So, set an alert and enjoy the reading! 

Public services and social control through data

The production and dissemination of data within the bodies of the direct and indirect Public Administration is linked to the work, actions, and activities carried out by each of the bodies that comprise it. By making such information available, considering the attribute of transparency, the bodies and entities demonstrate their alignment with the competencies assigned to them.

Let's take as an example an Environmental License (Preliminary License, Installation License, or Operating License) issued by a Brazilian environmental agency. When issuing a specific License, the documentary record is stored in the agency's digital archive, determining that the entrepreneur requesting the License has met all the requirements for its issuance, including fulfilling the obligations to methodologically attest to compliance with the standards specified in the regulations relevant to the type of project. Furthermore, all documents relating to the project, both structural and operational, were attached to the licensing process.

From this perspective, the digital record of the licensing process is documented within the environmental agency and can be partially requested by third parties interested in that process, as stipulated by the LGPD (Brazilian General Data Protection Law). It is worth noting that licensing authorizations, as well as other authorizing documents produced by other Brazilian agencies, are publicly accessible, thus promoting access to information and transparency, principles of the LAI (Brazilian Access to Information Law).  

Considering only what has been discussed, we note that the processing of data, guided by the LGPD, ensures the confidentiality of information for the applicant and demonstrates the procedural path to be followed. Obviously, the LGPD does not determine how the processes will be carried out, since each process within the Public Administration follows a unique path. However, it is through the LGPD that the entrepreneur or citizen recognizes the scheme in which their data is acquired, stored, processed, and made available (when applicable).

Therefore, we can conclude that both the LAI (Brazilian Access to Information Law) and the LGPD (Brazilian General Data Protection Law) support our understanding of the universe of public services that are closely associated with our daily lives. It is this information that allows us to exercise so-called "social control," that is, to verify whether the public services which we contribute to funding through taxes are being carried out efficiently and whether they are following standards aligned with the national legal framework.

From public to private

As discussed in the article about the Access to Information Law, private companies that receive any type of public funding must also produce information about their operational capacity and financial structure, limited to the portion of resources received from public entities. However, to improve their image and demonstrate their alignment with transparency and compliance policies, a significant portion of private companies that receive funds from public bodies follow well-structured data disclosure practices in accordance with the Access to Information Law.

Entering this universe, we note that a significant portion of these companies also prioritize information security and guide their data acquisition, processing, handling, and archiving practices through the LGPD (Brazilian General Data Protection Law). Some foundations and educational institutions have such robust data processing and cybersecurity systems that they are among the national companies most aligned with and committed to the LGPD.

When we delve into the private sector, without considering public resources, the LGPD mandates that private companies processing data must comply with it, establishing for this purpose the roles of controller, operator, and DPO (Data Protection Officer), professional figures associated with data processing carried out by private companies. However, transparency is not directly applied to these companies; that is, they are not obligated to make their data publicly available, doing so only upon request.

However, it is noted that large national corporations have been making important information about their operations, structure, and financial, legal, and labor integrity available on their platforms. This transparency mechanism is understood within compliance practices, which aim to improve the image of corporations in the eyes of consumers and clients, as well as allowing free access to information concerning commitment to regulatory and organizational objectives, such as sustainability, workplace safety, food safety, environmental safety, among others.

Compliance and Strategic Planning: The horizon for orderly growth

This article presents an overview of how data produced or acquired by public bodies and private companies is fundamental to building their image within the community and the market. We saw that transparency is regulated by the Access to Information Law and enables our social control of the activities of public bodies and companies. On the other hand, we noted that the LGPD (Brazilian General Data Protection Law) guides the data processing process in the public and private sectors, favoring the control and security of information. Finally, we discussed the construction of the image of public bodies and private companies through the compliance scheme. In the next article, we will delve deeper into the topic of Strategic Planning and Compliance, articulating both with data to project business growth. So, stay tuned, we'll bring you more news.