STF validates access to personal data of those investigated by the police and MP without a court decision

The Federal Supreme Court (STF) validated, this Wednesday (11), access to certain registration data of those investigated by the police or Public Prosecutor’s Office without the need for authorization from the Court.

The data in question refers to information on personal qualifications, affiliations and addresses maintained by telephone companies, financial institutions, internet providers, credit card administrators and the Electoral Court.

A 2012 law began to provide for this possibility of passing on information in the Money Laundering Law.

The thesis approved by the Court was the following:

“It is a constitutional rule that allows access by police authorities and the Public Prosecutor’s Office to registration data of people under investigation, regardless of judicial authorization, excluding from the scope of the rule the possibility of requesting any other registration data, in addition to those relating to personal qualifications. , affiliation and address”.

Gilmar’s proposal

The proposal presented by Minister Gilmar Mendes won. The rapporteur, Nunes Marques, made an adjustment to join the trend opened by Gilmar.

Minister Marco Aurélio (retired) was defeated, who presented his vote in the virtual plenary. For the judge, the rule is unconstitutional.

Questioning

The decision was given in a lawsuit filed by the Brazilian Association of Fixed Switched Telephone Service Concessionaires (Abrafix).

The entity questioned the rule, arguing that the obligation to pass on data violates the constitutional guarantee of the inviolability of intimacy, private life, honor and image of people.

According to the association, to remove the right to intimacy and privacy requires a court decision.