From privacy to transparency: challenges of the public and private interactions in the management of personal information

Abstract

Concern about the protection of privacy marked the construction of the young Brazilian democracy. Transparency and publicity rules complement the guarantees contained in the Federal Constitution to guarantee social control over State activities and prevent abuses like the ones occurred during years of military dictatorship. Contradictorily, however, with the advancement of digital technologies and the internet and of smart city initiatives, the situation seems to be reversed: State activities - including those developed in the area of public security and surveillance - remain secret and little subject to public scrutiny, while citizens are increasingly exposed to public and private actors. At the same time, concern about the surveillance power acquired by information and communication technology companies is growing. This paper will discuss this issue, bringing examples of how public-private interaction brings new risks to privacy, including with regard to its aspect of social good.