For Transparência Brasil, the Regulation on the Shared Use of Personal Data by Public Authorities, issued by the National Data Protection Agency (ANPD), must guarantee transparency about the processing and sharing of data. The notes and contributions to the text of the regulation were submitted via public consultation on December 12, 2025.

According to the organization, the lack of a balanced implementation of the Access to Information Law and the General Data Protection Law (LGPD) creates obstacles even for the simple understanding of the data collection and processing that the most diverse public bodies have carried out to support decisions in the policies that fall to them. The organization says that this hinders the strategic management of government policies and, consequently, the sharing and reuse of data.

In light of this, TB believes it is necessary for the ANPD regulation to incorporate more specific criteria than those listed in the list of minimum transparency information on databases held by public entities. Such parameters are necessary, especially at the sub-national level, to guarantee social control and the rights of data subjects in cases involving the processing of personal data.

Another recommendation is that the criteria should apply to sharing with private entities, where social control and transparency are severely hampered, and the potential for leaks and security incidents with personal data are more likely and even more damaging.

According to TB, the creation of an adequate information security and data protection infrastructure in the public sector is moving slowly, while the hiring of technology solutions to support decision-making is growing.

The organization’s 2024 study, for example, shows that public security agencies hire technologies without observing clear provisions for the protection of personal data, do not apply the LGPD until a specific text is approved for public security activities, and lack mechanisms to guarantee the rights of data subjects.

In addition, TB suggests the inclusion of an article with minimum transparency obligations for data sharing for the purposes of public security, national defense, state security or criminal prosecution activities, exceptions to the application of the LGPD listed in its Article 4.