Smart cities, segurança pública e proteção de dados: uma análise do uso de dados pessoais pelo poder público

Abstract

The debate around smart cities emerged in the mid-1980s in the context of urban planning in the United States. In Brazil, due to the growing discussion on urban issues and problems, which had been gaining momentum on the national scene since the late 1970s and early 1980s, by the very pioneering treatment given by the Federal Constitution of 1988 to the theme of urban policy, the “ smart cities' phenomenon found in urbanism a fertile ground for proposing actions and programs by the most diverse actors, consolidating itself as a multidisciplinary area. With the rise of smart cities, it was possible to insert technology in the most diverse urban sectors, from city management to the provision of public services. However, potential impacts of unbridled use of this technology, especially with regard to privacy and access to personal data, should be considered when realizing these smart cities. In the field of public security, the use of cameras, sensors, and various software can compromise the security of information of users / citizens. From this perspective, this study aims to analyze the scope and limits of action of the Government with regard to the processing of personal data of citizens, especially from the perspective of smart and safe cities. At the end, it could be seen that the performance of the Government in the processing of personal data, provided for in art. 23 of the General Data Protection Act (LGPD), is justified by the principle of supremacy of the public interest over the private, and may be performed directly or through delegates under its tutelage. Methodologically, it was used a theoreticaldescriptive approach on the general themes of the research, besides the hypothetical-deductive method to answer the central problem of the work.