On July 09, 2019, Law 13.853/2019 was published in the Brazilian Official Gazette. Such Law was enacted as a result of the ratification of the Provisional Measure (Medida Provisória) 869/2018, which amended Law 13.709/2018 referred to as the Brazilian Data Protection Law (“LGPD”).
Law 13.853/2019 has removed some provisions set forth in the original version of the Provisional Measure 869/2018, such as the mandatory review, by an individual, of decisions made by algorithms and the requirements for the position of data protection officer.
In addition, Law 13.853/2019 resolved upon the incorporation of the National Data Protection Authority (“Authority”) which will be in charge of data protection matters such as the preparation of guidelines for the application of LGPD, supervision and imposition of sanctions, as well as the examination of claims made by the owners of personal data. Initially, the Authority will be part of the structure of the Presidency office; however, Law 13.853/2019 provides that an assessment must take place within two (2) years in order to analyze the possibility of transformation of the Authority into an agency of the indirect federal administration. Currently, it is pending the definition of the structure of the Authority and the appointment of its officers by the Brazilian President, which must subsequently be submitted to the Senate for approval.
Historically, the protection of personal data has been considered as the right of an individual to determine the use of her/his personal information on her/his own will. In this respect, LGPD sets forth penalties in case of breach of such personal determinations, which may either result in administrative sanctions (like an infraction notice or public disclosure of the infraction) or fines up to 2% (two per cent) of the gross revenue of the company, limited to R$50 million per infraction.
Costa e Tavares Paes Advogados is at your disposal for further clarification on data protection matters.
This newsletter is meant for information purposes only and should not be construed as a legal opinion.