New law regulates use of personal data
In order to increase transparency and strengthen the protection of personal data, Brazil partially sanctioned a new legal framework for data protection on Tuesday (14 August). Under the new legislation, which comes into force in 18 months, private companies and public bodies will be prevented from using or collecting personal data without consent, including on digital media.
Approved in July in the Brazilian Senate, the General Personal Data Protection Law (LGPD in the Brazilian acronym) guarantees greater legal certainty to companies and consumers and greater transparency in the collection and treatment of data in both face-to-face and online contexts. The law provides for some exceptions to the use of this data, such as for journalistic, artistic, academic, public security and national defence purposes.
According to the Minister of Science, Technology, Innovation and Communications, Gilberto Kassab, the new legislation is fundamental to provide greater legal and commercial security to consumers, companies and government agencies.
“It is fundamental for more and more people and entrepreneurs to have security in their relationships," he told reporters, concluding that "the greatest goal is that this legacy will contribute to the development of the country".
Lawyer Gisele Truzzi, a specialist in digital law and founder of Truzzi Advogados, points out that new legislation is an important step to regulate all economic sectors, which previously occurred on a sector-by-sector basis. "These laws that dealt with privacy issues still functioned as sparse norms that had the function of regulating specific market sectors," she explained in an interview with Planalto. "This brings a standardisation that sets the rules and limits for both public and private institutions."
In addition to raising the standards of corporate transparency, the law should also strengthen trade relations in domestic and foreign markets. "It brings Brazil up to speed with countries that already have data protection legislation. [...] It bridges a gap we had in our country that left us at a disadvantage in this area and even created economic obstacles," she summarised.