O direito de acesso às comunicações entre COAF e autoridades investigativas como reflexo do direito constitucional à proteção de dados pessoais / The right to access communications between FIU and investigative authorities as a consequence of the...

Abstract

This article intends to analyze some of the consequences that the recent Brazilian Supreme Court´s decision, declaring Personal Data Protection as a fundamental right, will have on the procedures of dissemination of Financial Intelligence Reports between the Brazilian Financial Intelligence Unit – FIU and investigative authorities. The recent recognition of Personal Data Protection as a fundamental right enforces the authorities to observe some limits for dissemination of Financial Intelligence Reports, to avoid unjustified violations of people data privacy. Since this stage of dissemination of information is equivalent to a criminal
investigation, the legal boundaries for the dissemination of Financial Intelligence Reports must be even more strict. In that order, we defend that all the communications must be accessed by the holders of the shared data.