PRPG publishes COMMUNICATE No. 05/2020 / COAPG / PRPG / UFPB
PRPG reinforces the need to comply with Law no. 12,527 / 2011 , which regulates access to information within the scope of the government, as we have observed the non-compliance with the standard by the secretariats of some graduate programs regarding the instruction of processes for the application for diplomas in SIPAC, in addition to having received complaints from interested parties who had their personal data disclosed ostensibly in the proceedings in progress, when the system itself gives the option to insert documents in a restricted way.
Depending on art. 6th, III, of Law no. 12,527 / 2011, the organs and entities of the public power have the duty to ensure the “ protection of confidential information and personal information , with due regard for their availability, authenticity, integrity and eventual restriction of access”.
Art. 31 of the same law determines that the treatment of personal information must respect the “intimacy, private life, honor and image of the people”, including that:
§ 1 Personal information , referred to in this article, related to intimacy, private life, honor and image:
I - their access will be restricted , regardless of confidentiality classification and for a maximum period of 100 (one hundred) years from the date of production, to legally authorized public agents and the person to whom they refer; and
II - they may have authorized their disclosure or access by third parties in view of the legal provision or express consent of the person to whom they refer.
Failure to comply with the rule, as it has been occurring, may give rise to the liability of public servants / agents for unlawful conduct (art. 31, paragraphs 2 and 32, IV of Law no. 12,527 / 2011), in addition to the initiation of proceedings for administrative infraction under the terms of Law no. 8112/1990 .
It should be added that Ordinance no. 58/2020-PRPG-GAB / SEC published and mailed to PPG's determined the inclusion mandatory as interested (a) the application processes of diplomas master's / doctoral whole (a) students graduate from way that they can access their personal data that must be entered as restricted documents.
MARIA LUIZA PEREIRA DE ALENCAR MAYER FEITOSA
DUINA MOTA DE FIGUEIREDO PORTO
COAPG / PRPG COORDINATOR
Emerson Barbosa - ASCOM / PRPG