Personal data and public interest in the maintenance of health programs

Abstract

Social rights foment other fundamental rights and human dignity. However, the spending cap and the fiscal tightening defy the social programs viability, situation which is worsened by the population ageing process, contrasting with the very expensive prices of health insurance, which causes a migratory potential effect and poses a threat on the Brazilian Public Health Sistem (SUS). The consequent judicialization reveals the use of contingency reserve, except in situations involving basic conditions of life. Such impacts demand management and customization, and in these cases personal data provide a match between necessity and supply, despite the risks of inappropriate information dissemination. The personal data, considered fundamental autonomous rights, must submit themselves to security measures, good practices, governance, and compliance policies adopted by the Regulatory Agencies. The health data treatment must respect principles such as impessoality, finality and the community necessities, in order to prevent protective or discriminatory practices, including the readjustement of health insurance for people over sixty years old. We conclude that the compilation of a great number of data may optimize acquisitions and hirings, defeat frauds and avoid discriminatory conducts, thus allowing population and institution control.