Welcome to the fourth edition of LGPD Express!

In this newsletter, we aim to highlight the main news and recent regulations related to Law No. 13,709/2018 (General Data Protection Law or LGPD) and the National Data Protection Authority (ANPD) activities.

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PDF version of the newsletter:
LGPD EXPRESS 04/23 – PDF

Legislation

Guidelines on the Processing of Personal Data for Academic Purposes – On June 26th, 2023, the ANPD released the guide “Personal Data Processing for Academic and Research Purposes”, aimed at providing processing agents with recommendations and guidelines that can encourage the adoption of good practices and support the processing of personal data carried out for academic purposes and for studies and research in a manner compatible with the legislation.

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ANPD releases the first assessments of the preliminary Bill on the use of Artificial Intelligence – On July 6th, 2023, the ANPD shared its initial analysis of Bill 2338/2023, which addresses the implementation of Artificial Intelligence in Brazil.

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ANPD’s Social Communication Policy – On August 18th, 2023, the ANPD introduced the first edition of its Social Communication Policy through Resolution No. 7.

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ANPD First Monitoring Cycle Report – On August 18th, 2023, ANPD released the Inaugural Report of the Monitoring Cycle from the General Inspection Coordination (CGF), with a comprehensive analysis of the agency’s inspection activities in 2022.

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News

ANPD imposes first penalty for LGPD’s violation – On July 6th, 2023, ANPD’s General Coordination of Inspection announced the first fine imposed in an administrative proceeding filed due to violation to LGPD against the small company Telekall Infoservice.

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TJSP Denies Claims for Moral Damages Due to Personal Data Leaks – The São Paulo State Court of Justice (TJSP) has been rejecting claims for compensation for moral damages resulting from personal data leaks, relying on the LGPD itself. In this sense, decisions rendered in the Appeals n# 1000453-19.2021.8.26.0009, 10008655320218260007 and 1000930-54.2021.8.26.0005.

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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.

On August 18th, 2023, ANPD released the Inaugural Report of the Monitoring Cycle from the General Inspection Coordination (CGF), with a comprehensive analysis of the agency’s inspection activities in 2022.

The document serves as a strategic guide for institutional actions, offering insights into requests, security incident reports (CIS), and the initiation of inspection processes.

The primary data contained in the report include:

  1. data subjects submitted 1.045 requests, covering complaints of violations to LGPD and requests to exercise their rights related to processing personal data;
  2. ANPD recorded 473 CIS related to events affecting personal data’s confidentiality, integrity, or availability; and
  3. ANPD conducted 15 inspection procedures, 60% of them involving public entities.

To access the complete report, click HERE.

❮ Return to LGDP Express Bulletin 04/23

On August 18th, 2023, the ANPD introduced the first edition of its Social Communication Policy through Resolution No. 7.

To foster the culture of personal data protection in Brazil, the document addresses three main aspects:

  1. the current landscape of personal data protection, offering a historical overview of the debate on the subject;
  2. general guidelines for ANPD’s communication, detailing the objectives and values of the institutional communication; and
  3. strategic actions of ANPD’s communication, emphasizing the importance of dialogues conducted by specialized professionals through its Communication Advisory.

To read the complete content, click HERE.

❮ Return to LGDP Express Bulletin 04/23

On July 6th, 2023, ANPD’s General Coordination of Inspection announced the first fine imposed in an administrative proceeding filed due to violation to LGPD against the small company Telekall Infoservice.

In the case analyzed, it was found that the processing of personal data occurred without a legal basis, since the company offered a list of WhatsApp contacts of potential voters’ for the distribution of election campaign material.

The Coordination issued a warning for the violation of Article 41 of LGPD and a simple fine of BRL 14,400.00 for violation of Article 7 of LGPD and Article 5 of the Inspection Regulation.

To read the complete document, click HERE.

❮ Return to LGDP Express Bulletin 04/23

Welcome to the LGPD Express!

Since the General Data Protection Regulation (GDPR) was passed in the European Union in 2016, our office has a team dedicated to studying the personal data protection legislation.

With the publication of Law No. 13.709 of August 14, 2018, the General Personal Data Protection Law (LGPD), we established the LGPD Desk, which counts with a team of lawyers specialized and dedicated to the study of aspects related to personal data protection and with partners qualified to assist throughout the different stages of compliance with the LGPD.

To help with the analysis and follow-up of the personal data protection regulation in Brazil, we will start publishing periodical newsletters with a summary of the main legal rules, informative guides, news, and events related to the theme.

Do you want to receive our LGPD Express Newsletter? Sign up by clicking here.

PDF version of the newsletter:
LGPD EXPRESS 01/22 – PDF

 

Legislation

LGPD Enforcement Regulation for Small Data Processing Agents – In January, the National Data Protection Authority (ANPD) published the LGPD Enforcement Regulation for small data processing agents. The Regulation aims to guide small data processing agents in adapting to the LGPD, based on the purviews provided in Article 55-J, item XVIII, of the Law.

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Protection of Personal Data as a Fundamental Right – The Constitutional Amendment No. 115/2022 added the item LXXIX to article 5, which included personal data protection in the list of fundamental rights and guarantees of the citizen. As a result, data protection becomes a fundamental clause, which constitutional amendments cannot alter.

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Transformation of the ANPD into an Autarchy – Provisional Measure No. 1124/22 transformed the National Data Protection Authority (ANPD) into a special nature autarchy, maintaining the organizational structure and competencies and observing the other provisions of the LGPD.

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Guidelines

Guidelines for Application of the General Personal Data Protection Law by Data Processing Agents in the Electoral Context – The National Data Protection Authority (ANPD) and the Superior Electoral Court (TSE) published, on January 3, 2022, the Guideline for the Application of the General Personal Data Protection Law by Data Processing Agents in the electoral context.

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Guidelines on Personal Data Processing by Public Authorities – The National Data Protection Authority (ANPD) published, on January 28, 2022, the Guidelines on Personal Data Processing by Public Authorities.

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Rules for the Data Controller – Since April, technical meetings have been held to prepare a draft of the regulations on the personal data controller, which, according to the Regulatory Agenda, was planned for the 2021/2022 biennium.

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Data Processing for Academic Purposes and by Research Organizations – The ANPD has published the technical study “The LGPD and the processing of personal data for academic purposes and the conduct of studies by research bodies” to establish standards that may assist and guide educational and research institutions that process personal data and also public entities and bodies responsible for analyzing access requests and making personal data available for scientific research purposes.

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News

Data Leaks – There were records of major data leak events in the first half of 2022

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Working Groups of the Council for Personal Data Protection and Privacy – The National Council for Personal Data Protection and Privacy (CNPD) has started its Working Groups to submit proposals for strategic guidelines.

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The teams of Fraga, Bekierman & Cristiano Advogados are prepared to attend consultations arising from the legislation in question and provide the necessary assistance.

Do not leave the compliance to LGPD until the last minute!

See you in the next edition!


The material contained on this website is provided for general information purposes only. Nothing on this website or its content is intended to provide any legal or legal advice.

In January, the National Data Protection Authority (ANPD) published the LGPD Enforcement Regulation for small data processing agents. The Regulation aims to guide small data processing agents in adapting to the LGPD, based on the purviews provided in Article 55-J, item XVIII, of the Law. For the Regulation purposes, small data processing agents are micro-companies, small businesses, startups, legal entities under private law, including non-profit ones, and individuals and non-personalized private entities that process personal data, assuming obligations typical of a controller or operator.

Among the differentiated treatments foreseen for these agents, the following stand out:

  1. no obligation to appoint a personal data controller, being sufficient to provide a communication channel with the data holder;
  2. extended deadline to comply with some legal obligations, including the communication of security incidents and responding to requests from the data holders;
  3. the possibility of preparing and keeping a simplified register of personal data processing operations.

To access the published Regulation, click on the link.

❮ Back to the LGDP Express 01/22 bulletin

The Constitutional Amendment No. 115/2022 added the item LXXIX to article 5, which included personal data protection in the list of fundamental rights and guarantees of the citizen. As a result, data protection becomes a fundamental clause, which constitutional amendments cannot alter. It defines the constitutional competence of the Federal Supreme Court to appreciate questions related to personal data protection whenever there is a direct violation. Furthermore, given its constitutional status, the guarantees provided in the Access to Information Law (LAI) should not overcome the rights guaranteed by LGPD, generating an essential debate on the convergence of LGPD and the Access to Information Law.

To access the Constitutional Amendment, click on the link.

❮ Back to the LGDP Express 01/22 bulletin

Provisional Measure No. 1124/22 transformed the National Data Protection Authority (ANPD) into a special nature autarchy, maintaining the organizational structure and competencies and observing the other provisions of the LGPD. As a result, the ANPD will have administrative autonomy and powers to supervise, inspect, and regulate its activities.

To access the full Provisional Measure, click on the link.

❮ Back to the LGDP Express 01/22 bulletin

The National Data Protection Authority (ANPD) and the Superior Electoral Court (TSE) published, on January 3, 2022, the Guideline for the Application of the General Personal Data Protection Law by Data Processing Agents in the electoral context. The Guideline brings practical guidance on applying the LGPD and is directed to information processing agents who will participate in the electoral process. The Guideline also provides recommendations and best practices to be followed by the candidates, political parties, coalitions, and political party federations, to ensure data protection, individuals’ privacy, and the electoral process’s fairness.

To access the published Guidelines, click on the link.

❮ Back to the LGDP Express 01/22 bulletin

The National Data Protection Authority (ANPD) published, on January 28, 2022, the Guidelines on Personal Data Processing by Public Authorities. The Guide aims to assist public agencies and entities in adapting to the LGPD, especially concerning sharing and disclosing personal data.

To access the published Guidelines, click on the link.

❮ Back to the LGDP Express 01/22 bulletin