The LGPD, acronym for General Data Protection Law, it is a Brazilian legislation that came into effect in September 2020. This law establishes rules on 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 fundamental rights of freedom and privacy
Main aspects:
1. Scope: Applies to any data processing operation carried out in Brazil, regardless of the means, of the host country of the organization 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 conviction, political opinion, union membership, data related 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 holders: Guarantees individuals the right to access, correct, eliminate, to grant and revoke consent regarding your personal data
5. Responsibilities of organizations: Imposes obligations on companies and entities that handle personal data, how 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, reaching up to 2% of revenue, limited to R$ 50 million per infraction
7. National Data Protection Authority (ANPD): Creates an agency responsible for safeguarding, implement and oversee 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. She promotes a culture of responsibility in data handling and strengthens citizens' rights in the digital environment
Impact on organizations:
Companies and institutions needed to adapt their data collection and processing practices, implement new privacy policies, train employees and, in many cases, restructure your information technology systems to ensure compliance with the law
Challenges:
The implementation of the LGPD brought significant challenges, especially for small and medium enterprises, that needed to invest in resources and knowledge to adapt. Furthermore, the interpretation of some aspects of the law is still evolving, what 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 essential to ensure citizens' privacy rights in the digital age and to promote ethical practices in data handling by public and private organizations
