As it is a business decision, analysis of the justification for the processing of personal data according to the scenarios provided for in Article 7 of the LGPD should involve the IT area and people who have decision-making power at the company.
Using Article 11 of the Civil Rights Framework for the Internet in Brazil to breach data confidentiality, the Supreme Court misinterprets the purpose of the provision, which is to protect personal data, weakening the warranties of fundamental rights.
With the National Data Protection Authority's priority issues now defined, processing agents can better formulate their compliance strategy for the next two years. Please see our review of the 10 topics on the agenda.
Companies can demonstrate in court the measures effectively taken to comply with the data protection law and regulations in order to protect themselves against liability.
Compliance initiatives in the public sector are still sluggish, and it is unclear whether courts and administrative bodies have fully understood the new legal framework brought about by the LGPD.
The new legislation takes effect as soon as the Brazilian President, Jair Bolsonaro, signs Executive Order 959.
Analisamos neste artigo algumas das obrigações impostas pelo PL das Fake News aos provedores de aplicações e seus possíveis efeitos, como a ampliação de sua responsabilidade civil e os riscos à liberdade de expressão e informação e ao direito à privacidade dos usuários.
The decision will have a significant impact on the global market and makes it even more urgent for Brazil to put into force the General Data Protection Law (LGPD) and create the Brazilian Data Protection Authority (ANPD).
The decision of the Brazilian Supreme Court recognizing the constitutional nature of the protection of personal data and the right to informational self-determination is an unquestionable advance on the subject in Brazil. In this article, we analyze the impacts of the decision as well as of other recent facts related to data privcacy for the public and private sectors.
The Brazilian government has included postponement in an Executive Order that addresses emergency benefits related to the covid-19 pandemic. The text now goes to Congress for consideration, which can still change deadlines.
With Bill No. 675/20, the Brazilian Chamber of Deputies wishes to prevent the credit history of "good payers" from being harmed by problems with default during the pandemic. The suspension would last until June 20.
Even with the likely confirmation of the postponement in the Chamber of Deputies, the installation of the National Data Protection Agency is urgent. It would bring in more efficiency to the management of personal data during the pandemic and more legal certainty to the process of adaptation to the LGPD.