LGPD, short for General Data Protection Law, is a Brazilian legislation that came into effect in September 2020. This law establishes rules regarding the collection, storage, processing, and sharing of personal data, imposing greater 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 legal entities, under 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 means, the organization's headquarters country or the location where the data is stored.
2. Personal data: Includes information related to an 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 sexual 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 data subjects: Guarantees individuals the right to access, correct, delete, port and revoke consent regarding 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 for fines and penalties for organizations that violate the provisions of the law, which may reach 2% of revenue, limited to R$50 million per violation.
7. National Data Protection Authority (ANPD): Creates a body responsible for overseeing, implementing and monitoring compliance with the law.
Importance:
The LGPD represents a significant advancement 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. She promotes a culture of responsibility in data handling and strengthens citizens' rights 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 brought significant challenges, especially for small and medium-sized companies, which needed to invest in resources and knowledge to comply. Furthermore, the interpretation of some aspects of the law is still evolving, which may create 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 essential to ensure citizens' privacy rights in the digital age and to promote ethical practices in data handling by public and private organizations.
