When transparency demands a name: the necessary balancing between anonymity, access to information and personal data protection

Abstract

In contemporary times, digitalization permeates various aspects of social life, intensifying the circulation of information and amplifying the dilemmas related to personal data protection. The 1988 Brazilian Constitution simultaneously enshrined freedom of expression with the prohibition of anonymity, the right to public information, and, more recently, the protection of personal data, all recognized as fundamental rights. The overlap of these precepts generates interpretative tensions that demand harmonization. This paper analyzes the distinction between anonymity and identity confidentiality, arguing that data protection does not eliminate the requester’s identification but restricts its publicity. The general objective is to examine the compatibility between the prohibition of anonymity, the right to information, and data protection, through a qualitative methodology based on bibliographical and documentary review, as well as comparative law, particularly with the Mexican experience. The findings indicate the need to adopt confidentiality of identity as a rule, reserving its disclosure for exceptional circumstances. It is concluded that regulatory standardization in this sense strengthens public transparency, protects citizens, and reinforces democratic accountability.