The LGPD, acronym 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 more protection and penalties for non-compliance.
Визначення:
The LGPD is a legal framework that regulates the use of personal data in Brazil, both by individuals and by legal entities, 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 of the organization's headquarters, 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, trade union membership, data related to health or sexual life.
3. Consent: Requires that the data subject provides explicit consent for the collection and use of their personal information, with exceptions provided by law.
4. Rights of data subjects: Guarantees individuals the right to access, correct, delete, transfer, and revoke consent regarding their personal data.
5. Responsibilities of organizations: Imposes obligations on companies and entities that handle 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 infraction.
7. National Data Protection Authority (ANPD): Creates an agency responsible for ensuring, implementing, and overseeing 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 processing 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.
Виклики:
The implementation of the 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 can create legal uncertainties.
Висновок:
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 for guaranteeing citizens' privacy rights in the digital age and for promoting ethical practices in the handling of data by public and private organizations.
