Welcome to the third edition of LGPD Express!
Aiming to assist in analyzing and monitoring Brazil’s personal data protection regulation, we highlight in this newsletter the main recent news and rules related to Law No. 13,709/2018 (Brazilian General Law of Data Protection or LGPD) and to the National Data Protection Authority (ANPD).
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LGPD EXPRESS 03/23 – PDF
Legislation
ANDP provides new Simplified Registration Template for Small Data Processing Agents – Following the schedule of editing simplified rules, guidelines, and procedures for Small Data Processing Agents (ATPP), the ANDP released, on 06.14.2023, the Simplified Registration Template of Data Processing Operations.
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ANPD takes a stand on the treatment of deceased persons’ data – The ANPD has taken a position on the treatment of deceased persons’ data through a Technical Note published on March 17, 2023.
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Published the Regulation on Dosimetry and Application of Administrative Penalties for Non-compliance with the LGPD – The ANDP has published, through Resolution CD/ANPD No. 04 of February 24, 2023, the “Regulation of Dosimetry and Application of Administrative Penalties”. The Regulation brings guidelines and criteria for the application of penalties in cases of violation of the LGPD rules.
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ANPD issues Technical Note on Personal Data Treatment in the Pharmaceutical Sector – On May 12, 2023, issued Through Technical Note No. 04/2022/CGTP/ANPD, of May 12, 2023, the ANPD released its conclusions about the survey conducted on the treatment of personal data by the pharmaceutical sector.
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ANPD publishes statement on the treatment of personal data of children and adolescents – On May 24, 2023, the ANPD published the Statement CD/ANPD No. 1 to standardize the legal hypotheses of children and adolescents data processing, guiding and highlighting the preponderance of the principle of the best interests of children and adolescents as a fundamental criterion for evaluating data processing operations. Provided the principle is observed, the processing of personal data of children and adolescents may be carried out based on the hypotheses of Articles 7 and 11 of LGPD.
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ANPD executes technical cooperation agreement with CGU – The ANPD and the CGU signed the Technical Cooperation Agreement No. 01/2023 with the aim of promoting actions of mutual institutional support, exchange of information about inspection processes, elaboration of norms, training related to protecting personal data and transparency, and other subjects.
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News
STJ decides that leakage of routine data does not generate presumed moral damage – The 2nd Panel of the Superior Court of Justice reversed the Court of Justice of Sao Paulo decision, which ordered Eletropaulo to compensate a consumer who had her personal data leaked.
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Leakage of personal data from the Brazilian Post Office (Correios) app – Due to a failure in the application SRO (Object Tracking System), personal data of the customers of the Correios has leaked, allowing third parties to access customers’ sensitive information, such as name, address, and CPF number.
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ANPD to publish inspection proceedings – The ANDP has decided to make completed inspection proceedings on the LGPD public, aiming to increase the transparency of enforcement activities and give more visibility to cases of non-compliance with the LGPD.
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Meta Group is fined a record BRL 6.4 billion for violating data rules in Europe – Meta Group has received the most severe fine imposed so far on the European continent for violating data protection regulations, amounting €1.2 billion (approximately US$ 1.3 billion or BRL 6.4 billion). Meta intends to appeal the decision, arguing the fine is “unjustifiable and unnecessary.”
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The teams of Fraga, Bekierman & Cristiano Advogados are prepared to provide assistance in the adaptation and compliance processes to the LGPD.
Do not leave LGPD compliance to the last minute!
See you in the next edition!
The material contained on this site is provided for general information purposes only. Nothing on this website or its content is intended to provide any legal advice.