The LGPD, acronym for the General Data Protection Law, is a Brazilian legislation that came into force in September 2020. This law establishes rules on the collection, storage, processing and sharing of personal data, imposing more protection and penalties for non-compliance.
Definition:
The LGPD is a legal framework that regulates the use of personal data in Brazil, both by individuals and by legal entities, of public or private law, with the aim of protecting the fundamental rights of freedom and privacy.
Main aspects:
1. Scope: Applies to any data processing operation carried out in Brazil, regardless of the medium, the host country of the organization or the place where the data is stored.
2. Personal data: This includes information related to the identified or identifiable natural person, including sensitive data such as racial or ethnic origin, religious belief, political opinion, trade union membership, data relating to health or sex life.
3. Consent: Requires the data subject to provide explicit consent for the collection and use of their personal information, with exceptions provided for by law.
4. Rights of the holders: It guarantees individuals the right to access, correct, delete, port and revoke consent on their personal data.
5. Responsibilities of organizations: Imposes obligations on companies and entities that process personal data, such as the implementation of security measures and the appointment of a data protection officer.
6. Sanctions: Provides fines and penalties for organizations that violate the provisions of the law, and may reach 2% of revenue, limited to R$ 50 million for infringement.
7. National Data Protection Authority (ANPD): Creates a body responsible for ensuring, implementing and monitoring compliance with the law.
Importance:
The LGPD represents a significant advance in the protection of privacy and personal data in Brazil, aligning the country with international standards such as the GDPR (General Data Protection Regulation) of the European Union. It promotes a culture of responsibility in data processing and strengthens the rights of citizens in the digital environment.
Impact on organizations:
Companies and institutions have had to adapt their data collection and processing practices, implement new privacy policies, train employees, and in many cases restructure their information technology systems to ensure compliance with the law.
Challenges:
The implementation of the LGPD has brought significant challenges, especially for small and medium-sized companies, which needed to invest in resources and knowledge to adapt. In addition, the interpretation of some aspects of the law is still evolving, which can generate legal uncertainties.
Conclusion:
The LGPD represents an important milestone in the protection of personal data in Brazil, promoting greater transparency and control over the use of personal information. Although its implementation presents challenges, the law is fundamental to guarantee the privacy rights of citizens in the digital age and to promote ethical practices in the treatment of data by public and private organizations.
