Anti-corruption efforts worldwide are gaining increasing importance. With new privacy laws emerging in various countries, such as the LGPD, GDPR, CCPA, and others, questions are arising as to whether the right to personal data protection may ultimately hinder the fight for greater transparency in governments and businesses.
The worlds of anti-corruption and privacy often have conflicting objectives. The former seeks to bring transparency, uncover dubious dealings, expose corruption, and reveal bribes. For this to happen, it is necessary to reveal conversations, transactions, emails, and even locations—things that many would like to keep hidden.
Use of data in investigations
Data protection laws, on the other hand, seek to regulate, restrict, minimize, and sometimes even prohibit the processing of personal data. Some data protection authorities believe that even individuals involved in illegal activities should not be subject to disproportionate interference with their right to privacy.
When corruption occurs in government, it is in the public interest to have an investigation to verify whether there has been misappropriation of public funds, consequently using the personal data of those involved.
When corruption is suspected within a company, management should be aware that it may be in conflict with the LGPD (Brazilian General Data Protection Law) by using personal information in its investigations. According to the law, these internal investigations must be approved by the ANPD (National Data Protection Authority).
LGPD in fraud prevention
The fact is that there are numerous discussions about privacy and anti-corruption, both in the private and public spheres. Companies that conduct internal investigations to seek evidence of bribery and other forms of corruption need to have a thorough understanding of the LGPD (Brazilian General Data Protection Law) to know the correct way to use the data.
On the other hand, the new law can help combat other types of crime: scams and fraud. People are increasingly having their data leaked due to a lack of data protection in companies. With this leaked information, they end up being victims of scams or having their data used by criminals who make online purchases, apply for loans, and request government benefits.
Privacy Tools organizes an event on the topic.
On May 27th, Privacy Tools will host the event “LGPD and Fraud Prevention,” part of the “Privacy Above All” event series. The online chat will take place from 8 AM to 9 AM and will be free of charge. The startup's CEO will moderate the conversation with the guests.
- Fabricio da Mota Alves, Lawyer and Professor of Data Protection, Coordinating Partner of Digital Law, Privacy and Data Protection at Serur Advogados.
- Sergio Fernando Moro, Executive Director of Alvarez & Marsal Disputes and Investigations. He specializes in leading complex and high-profile anti-corruption investigations, white-collar crime, money laundering, and organized crime, as well as providing strategy and compliance consulting to clients dealing with complex regulatory issues.
- Paulo Baldin: Senior Manager at Alvarez & Marsal Disputes and Investigations – Cyber Risk. He has over 14 years of experience and has coordinated/participated in more than fifty projects in fraud prevention, information security, internal/external auditing, internal controls, combating cybercrime, data analytics, and since 2017 has been working directly with data protection and privacy.
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