On July 9, 2019, law 13,853 / 2019 ser estar published in ns Official gazeta of ns Union, amending e consolidating the normal Law of protection of Personal encontro of Brazil (Law 13,709 / 2018).

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As a result of ns analysis e conversion of Provisional measure 869/2019, the novo Law maintained ns creation of a National dia Protection government (ANPD) e allowed a Authority to increase its powers by including novo items and working on ns correct correction of some concerns raised. In the original text of a LGPD.

Overall, both a inclusions argued by conference during the course of MP 869/2018, also as ns analysis and presidential ratify of regulation 13.853 / 2019 to be positive e show a government's interest in regulation and data protection, too as the concern of all involved in producing text the minimizes doubts and applies to tudo de types the companies e markets.

Unlike ns European Union, which has had dia protection laws for over 20 years, Brazil era still in ns process that unifying its inner norms e understandings of a concepts currently applied abroad and should now strive come ensure the same level. That protection from other countries.

Presidential vetoes were few and accurate.

Given a context of a legislation and powers of a National dia Protection Supervisor, the removal of ns obligation for naquela human to review automated decisions under article 20 (3) provides sense together it would be naquela higher cost for technology-based companies. The veto that this i does no remove any direct or modify ns principles of a Law, nor does the prevent ns holders são de asking para clarification e to recorrer to ns applicable law in situation of abuse or error in ns decisions made.

“Art. 20

Paragraph 3. The review referred to in ns caption of this article shall it is in carried fora by a natural person, as provided for in the regulations of the nacional authority, i beg your pardon shall pegue into account the nature and size of ns entity or the volume of data processing operations. ”(NR )

The handling of personal encontro by ns Government additionally suffered der presidential veto in Art. 23, IV below:

IR & #8211; personal dia of applicants ao access come information estão protected e preserved under law No. 12,527 the November 18, 2011, forbidden to share the in ns sphere of publicamente power e with resfriamento entities administer by private law.

Again, while tho incipient in Brazil, the dialogue the sources e correction between ns LGPD e the accessibility to information Act and tudo de other applicable rules will still count on more adjustments and revisions.

Similarly, the new Law do it clean in article 5. Vii that the data Protection Officer (DPO), responsible for dia protection, shall it is in “the human appointed by a controller and operator to act as a communication canal between a controller, the data subjects and the National data Protection Officer. Encontro (ANPD) ”. With this new wording, the is clear that DPO functions a partir de not have to be performed by a single individual e that their expert relationship with the sociedade can remover many forms, in addition to straight employment v employment.

Accordingly, on ns basis of write-ups 37 to 39 of ns European GDPR, ns mere inclusion of i 4 of post 41 would be detrimental. Thinking of a continental country like Brazil and the border of a legislation, the mention of legal-regulatory knowledge currently generated behind a scenes much more fears 보다 benefits to the controllers e operators.

“Art. 41

 Paragraph 4. Com respect to ns person in charge, quem shall have legal-regulatory knowledge e be maybe to provide specialized encontro protection services, in enhancement to ns provisions that this article, a authority shall:

In ours view, the vetoes to the novo clauses of article 52 to be not helpful in removing from the ANPD a possibility of ns Authority exercising part of that Supervisory power and enforcement, currently provided porque o in other regulation such as the cíniras Civil Framework e the consumer Protection Code.

“Art. 52

X & #8211; partial suspension of the operation of the database come which the infringement advert for der maximum period of six (6) months, extendable ao the exact same period, until the processing activity is regularized by the controller;

XI & #8211; suspension of a exercise of ns activity of processing personal encontro to which a infringement refers for naquela maximum duration of seis (6) months, extendable for the very same period;

XII & #8211; partial or total ban on encontro processing activities.

The same problem stems são de the vetoes of article 52, i 3. Even aware of ns preponderance of publicamente over personal interests, para such laws to work, their application must be isonomic e for all:

Art. 52

Paragraph 3. A provisions of items I, IV, V, VI, X, XI and XII of ns caput that this article may be applied to publicamente entities and bodies, without prejudice to a provisions of regulation No. 8,112, that December 11, 1990, in law No. 8,429, the June 2, 1992, e Law No. 12,527, the November 18, 2011.

There is also sense in ns Presidential veto made to short article 52 sixth paragraph, since semelhante provision exist in post 55-K of a approved Law:

Vetoed text:

Paragraph 6. A sanctions provided para in items X, XI and XII of a caput the this write-up shall be applied:

I & #8211; only after in ~ least 1 (one) of a sanctions dealt com in item II, III, IV, V and VI of ns caput that this post have currently been imposed porque o the same details case; and II - in a case the controllers submitted to various other organs e entities com sanctioning powers, after hearing these organs.

Text kept:

“Art. 55-K a application of the sanctions provided para in this regulation rests solely with ns ANPD, and its powers shall prevail, as regards a protection of an individual data, over a related competences of various other entities or bodies of publicamente administration.

Single paragraph. The ANPD will certainly articulate that is activities with other organs e entities com sanctioning e normative competences connected to the subject that personal data protection e will be a central corpo humano for a interpretation that this Law and the facility of rules and guidelines for its implementation. ”

Finally, a veto to post 55-L, V is commendable so the it is clear that the ANPD shall not charge e establish fees or charges for the provision of that services. Access to the Authority and its solutions shall be totally free of charge:

“Art. 55-L ANPD's profits include:

V & #8211; a product that charging fees porque o services rendered;

With the approval of legislation 13.853 / 2019, Brazil is agora definitely among a nearly 130 nações in a world that have some dia protection legislation. Com its concepts aligned with the European OECD and GDPR, this kind of law will permit Brazil come treat dia from inverno persons em ~ other countries e also ensure naquela higher level of protection porque o its citizen against novo businesses that manipulate data e information worldwide.

But over there is still a lot the work. Acima de Presidential Decree, ns 5 ANPD director shall be appointed. Only then, with ns formation of ns ANPD, will start the work and issue accuse that will regulate a market in a necessary adequacy e compliance the has already begun e should mature till August 16, 2020.

We saltar that ns next steps are safe e sound, so the the novo rights of ns holders e principles of a Law will certainly be reflect in the other norms e that the application of LGPD in prática has ns bias that education e never punishment.

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Adriano Mendes, encontro Protection Attorney, is naquela collaborator top top Safeway consulting projects.

* ns consolidated text of ns LGPD will certainly be available são de 10/07 through ns official link: http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/lei/L13709.htm