Fachin maintains the confidentiality of sensitive data from the fake news investigation; PGR wanted full reservation

The president of the Federal Supreme Court (STF), Edson Fachin, decided this Monday (9) to maintain partial confidentiality of the data gathered over seven years of investigation into the fake news inquiry.

Opened more than seven years ago to investigate attacks and threats against members of the STF, the fake news inquiry was archived by Fachin.

The investigation files total more than 12 thousand pages, 57 volumes and more than 100 annexes.

According to Fachin's decision, sensitive information will be preserved, involving the intimacy and private life of those being investigated and public authorities mentioned in the investigation.

Once separated, the STF must lift the confidentiality of the information within the scope of the investigation.

"In consideration of the statement by the Attorney General's Office regarding the secrecy of the files and the need to protect data related to the intimacy and private life of people and public authorities mentioned throughout the investigations, whose protection finds a basis of legitimacy in art. 5, 6th, III and VII, of Law no. 13,709/2018, the secrecy of the records must be maintained until the formation of an attachment with restricted publicity to protect such rights", Fachin wrote in the decision.

According to the minister, after completing this procedure, "the secrecy of the records [process] must be immediately lifted", as provided for in the Federal Constitution.

PGR Position

Fachin's position contradicts that of the Attorney General of the Republic, Paulo Gonet, for whom the investigation involved a large number of people whose information should be preserved.

"The collection gathered in these files over 7 years contains information of high strategic sensitivity, relating to the structural and institutional security of the Ministers of the Court and high-ranking authorities of the Republic. The files record threats and elements relating to the physical and operational integrity of public agents in the exercise of central functions of the State; their disclosure has the potential to expose to the public space considered vulnerabilities that the investigation sought to protect", wrote Gonet.

According to the PGR, in more than 50 volumes, there are personal, banking and tax data of companies, institutions and those being investigated.

"This survey exceeds the 12,000-page mark and brings together a wide range of people, increasing the concrete risks of affecting the security of the protected authorities and the fundamental right of people who are presumed to have no interest in seeing their data put on public display", added the PGR.

In the PGR's assessment, the disclosure of all information from the investigation could negatively expose people mentioned in the investigation. The PGR argued that the Constitution allows restricting access to this information to protect people's privacy or social interests.

Gonet also stated that the people and companies mentioned could directly request access to the elements of the investigation.