The General Data Protection Law (LGPD) celebrates seven years in Brazil in a context where data protection already impacts various aspects of the economy, transforming the way personal data is handled. At the same time, the framework established a new era of governance, security, and transparency in the handling of personal information.
"More than a regulatory instrument, the LGPD established a new level of privacy protection in Brazil, directly influencing corporate strategies and society's awareness of the use of personal data," says Carla do Couto Hellu Battilana, partner in the Cybersecurity & Data Privacy department at TozziniFreire Advogados.
Since the LGPD was enacted, we have seen several changes in how data protection is viewed in Brazil. Among the most significant milestones in the past 7 years is Constitutional Amendment No. 115/2022, which recognized the protection of personal data as a fundamental right, alongside guarantees such as freedom of expression and human dignity. "This recognition brought more legal security for citizens and companies, as well as shielding the legislation from setbacks," explains Battilana.
Another advancement was the maturity in the application of legitimate interest as a legal basis for data processing, which now includes additional clarifications in the Guide published by the National Data Protection Authority (ANPD). "By establishing clearer parameters, the ANPD contributed to balancing the needs of companies with the preservation of the rights of data subjects," said Battilana.
The regulation of international data transfer marked another important step. Resolution CD/ANPD No. 19/2024 established specific rules for standard contractual clauses and technical security measures. "Today, companies rely on a series of rules to ensure that data remains protected, regardless of the destination country," emphasizes Battilana.
According to Battilana, the supervision and enforcement of sanctions by ANPD have become more frequent and structured, especially after Resolution CD/ANPD No. 4/2023, which established criteria for the sizing of penalties. "The more active presence of authority is raising the maturity of organizations and the effectiveness of the law."
The publication of Enunciado CD/ANPD nº 1/2023 relaxed the requirement of consent as a legal basis for the processing of data of children and adolescents, provided that the principle of the best interest of the minor is respected. "The change does not reduce protection, but offers legitimate alternatives for cases where consent is not the most appropriate path," says Battilana.
In the field of technology, the ANPD has been gaining prominence in discussions about artificial intelligence by launching asandboxregulatory and actively participate in the debates of Bill No. 2,338/2023, which could make her the national coordinator for AI governance. "The intersection between AI and data protection is inevitable and requires increased attention so that innovation progresses hand in hand with security and privacy," evaluates Battilana.
With advances in data protection, awareness of cyber risks and the importance of incident reporting are increasing in the country, a fundamental measure to mitigate damages. Resolution CD/ANPD No. 1/2024 also helped by establishing clear protocols for companies to report incidents to the authority and data subjects.
"Looking at the future of LGPD means keeping up with trends such as the advancement of artificial intelligence, the integration of international data protection standards, and the sophistication of cyber threats. A constantly evolving scenario that requires updating and commitment from all involved parties," emphasizes Battilana.
