THE FUNDAMENTAL RIGHT TO DATA PROTECTION AS A COLLECTIVE NEED IN THE PUBLIC BUDGET

Abstract

This article aims to analyze the fundamental right to the protection of personal data, included by Constitutional Amendment No. 115 of 2022, to art. 5th, section LXXIX of the Constitution of the Federative Republic of Brazil and its effects on financial law. This constitutional provision is recent in the Brazilian legal system, regarding its inclusion in the list of fundamental rights, but it is already included in the legal system by Law No. 13,709/2018, General Law for the Protection of Personal Data, which was inspired by the General Protection Regulation European Union Data Center. The research, therefore, aims to include the protection of personal data as a collective right to be considered by the public budget, aiming to demonstrate the need for state concern with personal data, managed by the databases of public bodies, in view of the relativization and/or legal exclusion of consent when obtaining general or sensitive personal data. A balance between these interests becomes essential when the personal data of citizens and public servants are vulnerable, in a reality where data sharing is constant between these public bodies. In this way, not only a state investment in data security, but also publicity on the need to protect this fundamental right, and the training of employees and public servants, prove to be of fundamental importance.