The webinar ABES NOVOS TIMES: Challenges of the LGPD and the National Data Protection Authority it took place on July 13 and brought together important political and sector leaders, who led a high-level debate on the validity of the LGPD, the postponement of administrative sanctions and the creation of the National Data Protection Authority. The event was moderated by Thomaz Côrte Real, lawyer, specialist in Tax Law, Privacy and Data Protection, and consultant to the association's legal department.
Upon opening the webinar, Rodolfo Fücher, president of ABES, highlighted that the entity's purpose is to help build a more digital and less unequal Brazil; and spoke about the importance of information technology, playing a fundamental role in the democratization of knowledge, in the creation of new opportunities, in the generation of income, providing quality of life and inclusion for Brazilians.
In his speech, Orlando Silva, Federal Deputy (PCdoB – SP) and rapporteur of the Special Commission on Personal Data, recalled that the process for the preparation of the LGPD was quite long, with consultations, debates and processing. The law “is the result of a long process of construction and dialogue between the executive power and society”. He also clarified that the parliament's option was to establish a conceptual law, of principled content, which, in order to be fully effective, lacks infra-legal rules, and the National Authority for the Protection of Personal Data is responsible for providing the country with these rules to guarantee full compliance. validity of the LGPD. “The National Congress decided to postpone the entry into force of sanctions, recognizing the characteristics of the economic crisis arising from the Covid-19 crisis”, he clarified. In its assessment and in the current scenario, the Executive Branch should have already sent the names for the constitution of ANPD to the Senate and download the decree for the regulation of the law.
Evangelization
Next, Marcos Pinto, Deputy Deputy Chief of Economic Policy at the Civil House of the Presidency of the Republic, insisted on ensuring that the LGPD decree and the creation of the ANPD are important issues and are not “forgotten in a drawer”. In addition, he clarified that the linking of authority to the Presidency of the Republic is a way to guarantee independence in its performance, avoiding any bias, if it were subordinate to a ministry. He explained that the pandemic hindered the final phase of preparation for the ANPD to be installed and that, however, the Executive Branch has heard from associations the difficulty of adapting to the personal data protection law, especially at this time of growth of the home office. Marcos believes that, in the beginning, the authority should carry out a work of "evangelization, that is, a work to show society the importance of the issue of privacy, the protection of personal data, since Brazil has no tradition in this matter" .
no delay
Danilo Doneda, lawyer, professor and appointed to the National Data Protection Council by the Chamber of Deputies, recalled that the LGPD should have entered into force in February 2020 and, because of the MP that established the National Data Protection Authority, the deadline was changed to August. He was critical in saying that, since the promulgation of the LGPD, in mid 2018, there has been no objective communication towards the Executive Branch about the ANPD and what has prevailed are the delaying measures, which do not provide security to the citizen, to the market and the national software community and other sectors, generating legal uncertainty.
Training for servers
Next, Fabricio da Mota Alves, a lawyer who was appointed to the National Data Protection Council by the Federal Senate, recalled that many companies, fortunately, are already talking about compliance with the LGPD, because they are concerned about complying with the law. . However, he questioned the level of power adequacy of government agencies and highlighted the importance of public servants being well prepared, as the government collects, processes and shares personal data. In his opinion, the ANPD needs to be constituted to establish a dialogue between the powers, preventing each sector from going around editing its guides to good practices, without central guidance from the authority. “I invite society as a whole to embrace this cause. We have to study and disseminate the debate, as it is a complex issue”.
Challenge for SMEs
João Emilio Gonçalves, Executive Manager of Industrial Policy at the National Confederation of Industry (CNI), commented that the LGPD is of interest to everyone, as it is linked to the development of new business models, it is linked to innovation. About ANPD, he commented that the CNI translated and made available a publication, which is an international reference for presenting models of national authorities from other countries and identifying which are the most positive attributes for this authority. “At this moment of pandemic, the industry defends the extension of the entry into force of the law, as we lost the last six months of vacatio legis, which would be fundamental for the adequacy, especially for small businesses. Currently, it is practically impossible [to adapt] for financial reasons, as companies are concentrating all the few resources they have to try to survive the crisis period”.
legal security
The debate also included the participation of Andriei Gutierrez, Coordinator of the Regulatory Committee of ABES and of Movimento Brasil, País Digital, who highlighted the importance of creating a culture of privacy in Brazil. "For an organization to comply with the law, it will have to review all contracts with suppliers and business partners, evaluate contracts outside the country, need to understand how to make compliance reports, the deadline to report a leak or by how long a company needs to keep its employees' data, among other definitions that depend on ANPD's guidance”. He also considered that “to advance in long-term economic and social development, organizations, in general, need to have legal security. We have the risk of municipalities and states regulating, legislating and applying administrative sanctions, without first having a unification of the matter at the national level from the ANPD”, he pointed out.
To watch the full content of this webinar, click on here.
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