The LGPD, acronym for Lei Geral de Proteção de Dados, 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 more protection and penalties for non-compliance.
Definition:
The LGPD is a legal milestone that regulates the use of personal data in Brazil, both by individuals and legal entities, whether public or private, 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, the country-headquarter of the organization, or the location where the data is stored.
2. Personal data: Encompasses information related to an identified or identifiable natural person, including sensitive data such as racial or ethnic origin, religious belief, political opinion, union membership, data regarding health or sexual life.
3. Consent: Requires that data subjects provide explicit consent for the collection and use of their personal information, with exceptions provided by law.
4. Data subject’s rights: Guarantees individuals the right to access, correct, delete, port, and revoke consent regarding their personal data.
5. Organizational responsibilities: Imposes obligations on companies and entities that process personal data, such as implementing security measures and appointing a data protection officer.
6. Sanctions: Provides fines and penalties for organizations that violate the provisions of the law, which can amount to 2% of revenue, capped at R$ 50 million per violation.
7. National Data Protection Authority (ANPD): Creates an entity responsible for overseeing, implementing, and supervising 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. It 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 their information technology systems to ensure compliance with the law.
Challenges:
The implementation of LGPD brought significant challenges, especially for small and medium-sized enterprises, which needed to invest in resources and knowledge to comply. In addition, the interpretation of some aspects of the law is still evolving, which may lead to legal uncertainties.
Conclusion:
The LGPD represents a significant 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 data processing practices by public and private organizations.
