Privacy and Data Protection in the Implementation of AI Technologies in Public Administration

Abstract

The advancement of digital technologies, especially Artificial Intelligence (AI), has profoundly transformed the structure and operations of Public Administration, driving efficiency gains but also raising serious concerns about the protection of personal data and the preservation of citizens' privacy. Situated within the context of the Fourth Industrial Revolution and the transformations brought about by Webs 3.0 and 4.0—which emphasize the centrality of informational flows and automated decision-making—AI stands out as a strategic tool for state modernization but also poses significant challenges to individuals' informational self-determination.

This study, therefore, aims to investigate the legal challenges associated with the automated processing of data in the public sector, in light of existing regulations, with particular attention to the General Data Protection Law (LGPD), the Access to Information Law (LAI), and the Civil Framework for the Internet. The research begins with the observation that the increasing digitalization of state services, accelerated by the implementation of the Digital Government Law (Law No. 14.129/2021), intensifies the exposure of personal data to algorithmic logic, requiring the State to adopt governance, transparency, and accountability mechanisms.

In this context, the study discusses the applicability of the Public Administration's objective civil liability in cases of harm caused by automated decisions, contrasting it with doctrinal views that advocate for the subjective liability of public officials or technology operators. Through bibliographical review and documentary analysis, including references to international models, it is concluded that the absence of a specific regulatory framework on AI in Brazil undermines legal security and the protection of fundamental rights. Therefore, the formulation of legislation that establishes clear parameters for the ethical and responsible use of AI in the public sector, balancing technological innovation with constitutional principles of legality, purpose, and human dignity, becomes urgent.