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Paulo Kliass

Paulo Kliass holds a doctorate in economics and is a member of the career track for Specialists in Public Policy and Government Management in the federal government.

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And the dominance of finance continues.

Banks and other companies in the sector have free access to an astronomical volume of privileged and confidential information about our population.

And the dominance of finance continues (Photo: Reproduction)

The expansion and deepening of the financial system's domination over all other dimensions of our society is the two-sided phenomenon of a striking phenomenon. With each passing day, we receive more information about this path, which the mainstream media presents as inevitable and inexorable. The process of financialization of sectors and branches of activity has advanced on a planetary scale over the last few decades, with the consequent loss of space for the articulation of the interests of the fractions of industrial, commercial, agricultural, or service capital.

The presence of direct representatives of finance in key positions within the state structure also contributes to reinforcing this hegemony, as the implementation of public policies and strategic decision-making in the day-to-day operations of governments prioritize the desires and wishes of this group over others. From this perspective, one can more adequately understand seemingly unconnected issues such as the recurring adoption of primary surplus policies and decisions favoring the intensification of oligopolies dominated by finance capital in essential sectors of our economy.

The "naturalization" of the systematic draining of trillions of dollars from public budgets to cover financial expenses occurs simultaneously with the capture of the leadership of public regulatory agencies, which then defend the conglomerates they should be overseeing. The sense of defending the public interest is completely lost in matters involving the incestuous relationships between private capital and the state apparatus. The presence of bank executives in charge of the Central Bank or ministries in the economic area is merely the tip of the iceberg of this type of complete distortion of private activity disguised within public administration.

Public data offered on a silver platter to private capital.

The disclosure of a simple extract from the minutes of an agreement The federal government's investigation has revealed yet another outrage committed by this administration in favor of the financial system. This involves a cooperation agreement signed between the Digital Government Secretariat of the Ministry of Economy and the Association of Commercial Banks (ABBC). According to the summary of the official document published in the Official Gazette of the Union (DOU) on January 07th, the contract provides for the release of biometric and biographical information and data of Brazilian citizens to companies and institutions linked to the entity that brings together the core entities of Brazilian finance. According to what is stated on the ABBC website, they claim to represent "the interests of banks of various sizes, with national and foreign control, finance companies, cooperatives, payment institutions, private credit companies, personal loan companies and fintechs." In short, they really have nothing to hide.

The summary of the term “Cooperation Agreement No. 27/2021” refers to a collaboration that would be valid for a period of one year and would not involve any expenses between the parties involved. In this way, banks and other companies in the sector would have free access to an astronomical volume of privileged and confidential information about our population. It's madness! It would be comical if it weren't tragic, but the terms used in the agreement literally refer to a partnership "on an experimental (sic) basis." In other words, those (ir)responsible at the Ministry of Economy are handling the secrecy of public affairs as if they were dealing with meticulously selected guests participating in some enology or gastronomy event with the intention of enjoying the drinks and treats kindly offered to them.

The universe of information that could potentially be donated to the financial sector is vast. In fact, all types of data could be included in the package, since the partnership foresees the participation of the 109 companies that make up the ABBC network in sharing data held by the federal government. This process will become viable through the opening of so-called "application programming interfaces" (APIs) to interested parties. This path will allow access to data that is as diverse as it is strategic. This could range, for example, from the database of federal public servants to information held by the Electoral Court, and also including platforms linked to the Federal Revenue Service, the Unified Health System, and social security.

Financial system entities in possession of confidential information.

In truth, this criminal cooperation agreement with the financial sector is quite similar to another contract signed in July of last year between the same Digital Government Secretariat and the Brazilian Federation of Banks (Febraban). This entity is even more representative of the sector, since it includes federal public banks (Banco do Brasil, Caixa Econômica Federal, and others) among its members. According to the summary also published in the Official Gazette, the “Cooperation Agreement No. 16/2021” is not as extensive as the one subsequently signed with ABBC, but it is expected to be extended in January of this year, when the initial six-month term expires.

The agreement with the Federation of Banks aims at "the biometric and biographical validation of the citizen in the national civil identification database." The legal basis for this is presented as being... Law 13.444 / 2017Now, this is the text that gave shape to the need to consolidate public information into a single framework within the federal government. So much so that the first article is clear enough regarding the strategic and confidential nature of such information:

(…) “Article 1. The National Civil Identification (ICN) is hereby created, with the objective of identifying Brazilians in their relations with society and with governmental and private bodies and entities.” (…)

And the agreement aims to graciously transfer this volume of information to be consumed without any restraint by the financial sector. It is more than recognized that one of the most valuable assets in contemporary capitalism is precisely the databases on citizens, communities, companies, sectors, and everything else that makes it possible to expand businesses and consolidate power. The fierce dispute between the large oligopolies occurs precisely in this field, where information is increasingly presented as something superior to a "simple" commodity. In fact, it becomes an essential "commodity" for the process of capital accumulation in the globalized universe. And the Ministry of Economy, once again, chooses its side and goes for the entrenched defense of the interests of the very robust conglomerates of our financial system.

Regulatory agency ignores scandal and remains silent.

One aspect that makes the case even more nebulous is the complete and utter absence of any statement from the entity responsible for regulating a sector as essential as that of information. With the recent approval of the General Data Protection Law (LGPD), Law No. 13.709/2018The intention was precisely to promote legal and institutional improvements in the system of confidentiality and privacy of information belonging to our citizens. In addition to a series of legal instruments for this purpose, the text mandates the creation of an agency within the federal government to handle the matter. Thus, in 2019, the National Data Protection Authority (ANPD) was established, becoming part of the structure of the Presidency of the Republic.

Among the entity's missions, we find the following legal responsibilities:

“ (…) I – to ensure the protection of personal data, in accordance with the law;                   

II - zelar for observance of two commercial and industrial segregated, observed for the protection of personal data and the confidentiality of the information when protected by law or when breaking the confidentiality violate the foundations of art. 2nd desta Lei;      

(...)          

IV – to monitor and apply sanctions in cases of data processing carried out in violation of the law, through an administrative process that ensures due process, the right to a full defense, and the right to appeal; (…) ”

Now, it seems more than evident that there was a blatant violation of legal norms when the aforementioned cooperation agreements were signed. However, it appears that the ANPD (National Data Protection Authority) was neither consulted nor did it comment on this matter. Its president, Waldemar Gonçalves Ortunho Junior, is an Army colonel and had been appointed at the beginning of Bolsonaro's term to preside over Telebrás, a federal state-owned company. Shortly thereafter, in November 2020, his nomination to head the newly created data regulatory agency was published.

The military officer was granted a mandate to head the agency and should strictly adhere to the law in the exercise of his duties. However, it seems he prefers silence and a passive gaze to please his boss. The recent controversy involving the firm stance of the director-president of Anvisa, Admiral Barra Torres, and Bolsonaro points in the right direction in defending more dignified behavior in the defense of public service and the correct application of legal norms. The floor is now open to opposition parties and entities concerned with defending the democratic order and the interests of the majority of our population. Perhaps it is appropriate to summon those responsible for signing these cooperation agreements and the agency's directors to explain the blatantly illegal behavior they have adopted in this case.

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.