ANPD is the theme of the GT meeting on the LGPD

Meeting was attended by José Antônio Ziebarth, from the Ministry of Economy

 

 

José Antônio Ziebarth, Director of Special Programs of the Special Secretariat for De-bureaucratization, Management and Digital Government of the Ministry of Economy, accepted the invitation from ABES to speak about the creation of the National Data Protection Authority (ANPD), at the meeting of Work group who studies the LGPD (law No. 13708/18).
 
Andriei Gutierrez, coordinator of the ABES Regulatory Committee, welcomed the guest on behalf of the entity, as well as reminding members of the importance of having them engaged in discussions on the implementation of the new law, scheduled to take effect in August 2020, in accordance with Provisional Measure No. 869/18 (MP) being approved by the National Congress.
 

Ziebarth thanked the invitation and said that interacting with the private sector and civil society, providing information on the development of public policies, is one of the ministry's guidelines. He also commented that the Federal Government sees the LGPD as fundamental, as Brazil has the 4th connected population in the world and that the country was late in defining a legal framework for data protection.
 

 
transversal policy
 
“The LGPD is a transversal public policy, that is, it will affect the most different sectors and organizations of all sizes. The culture of data protection is very new in Brazil, whether for businessmen or civil society. More than just thinking about sanctions, we will have to establish an educational process”, commented Ziebarth.
 

José Antônio Ziebarth, Thomaz Côrte Real, Francisco Espuny and Daniella Caverni

In his assessment, the ANPD designed by the MP is not ideal, but there are constitutional issues to be respected and the effort is to ensure legal certainty. He also highlighted the role of the board of directors and the authority's national council to discipline the issue, with Brazil's ambition to be a reference in data protection and privacy in Latin America.    
 
The Union Budget provides for the ANPD to have up to 15 people, creating a lean and efficient structure in a first stage, which should be expanded with the entry of the LGPD into force. ANPD will be responsible for receiving complaints, answering questions and providing guidance in order to avoid the judicialization of cases and flood the Brazilian justice system with more cases.
 
For José Calil Nassar, participant of the meeting and director of JC Nassur, a company from Jundiaí (SP), “being an ABES member is a unique privilege, as we are able to have contact not only with technical aspects, but also with government and economic aspects. . Today, with the presence of a representative of the Ministry of Economy, we had a more positive view of what is being planned by the Government for the LGPD and the professionalism in which the issue is being addressed", he said.     
 

Daniella Caverni, Andriei Gutierrez, José Antônio Ziebarth, Thomaz Côrte Real and Francisco Espuny

The LGPD Working Group, coordinated by Daniella Caverni Machado and Francisco Eduardo Espuny, was created in December 2018, with the objective of deepening the understanding of the law and promoting debate about its impacts and challenges for the sector, as well as discussing proposals concerning the future regulation of the LGPD.