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The Official Gazette of the Union published this Tuesday (9) the Law 13,853, which creates the National Data Protection Authority (ANPD), a federal body that will edit rules and supervise procedures on the protection of personal data. The new law originates from Provisional Measure 869/2018 and was sanctioned by President Jair Bolsonaro with nine vetoes.
Edited at the end of last year by the then president Michel Temer, MP 869 amends the General Law for the Protection of Personal Data (LGPD, Law 13,709, 2018), a rule that regulates the way organizations (companies, banks, public bodies and others) use personal data. The MP was approved in May by the Chamber and the Senate, and came out with several changes in relation to the original wording.
performance
According to the new law, the ANPD's powers include ensuring the protection of personal data, drawing up guidelines for the National Policy for the Protection of Personal Data and Privacy and applying sanctions in case of irregular data processing.
The ANPD will have a transitory nature and may be transformed into an autarchy linked to the Presidency of the Republic after two years, at the discretion of the government. The new body will have the following organizational structure: Board of Directors (the highest governing body), National Council for the Protection of Personal Data and Privacy, Internal Affairs, Ombudsman, its own legal advisory body and administrative units necessary for law enforcement. The ANPD will be formed by directors who will be appointed for fixed terms.
The National Council for the Protection of Personal Data and Privacy will be composed of 23 representatives, holders and alternates, from public bodies and civil society.
vetoes
All vetoed items had been included by parliamentarians. Bolsonaro barred the device that allowed the ANPD to charge fees for services provided. The president's allegation was that, due to the transitory legal nature of the Authority, it would not be appropriate to charge fees. With this, the body will have the Union Budget as its main source of support.
Another important veto was on the provision that prohibited the public power from sharing, with other public bodies or legal entities governed by private law, the personal data of applicants who used the Access to Information Law (Law 12,527, of 2011). Bolsonaro claimed that the measure would affect “various activities and public policies”. He gave as an example the Social Security database, which is built with personal information shared from other agencies.
Provisions that expanded the list of administrative sanctions applied by the national authority were also vetoed. Congress approved three new types of punishment: partial suspension of the operation of the database for six months, suspension of the exercise of the activity of processing personal data also for up to six months, and partial or total prohibition of the exercise of activities related to the processing of personal data. Dice.
Bolsonaro said that the new sanctions would make it impossible to function essential databases for various public and private activities, such as those used by financial institutions. Currently, the LGPD provides, as an administrative sanction, a warning and a fine of up to 2% of the organization's billing.
The nine vetoes will now be analyzed in a session of Congress. The votes of at least 257 deputies and 41 senators are required to override a presidential veto.
Source: Agência Senado
Edited at the end of last year by the then president Michel Temer, MP 869 amends the General Law for the Protection of Personal Data (LGPD, Law 13,709, 2018), a rule that regulates the way organizations (companies, banks, public bodies and others) use personal data. The MP was approved in May by the Chamber and the Senate, and came out with several changes in relation to the original wording.
performance
According to the new law, the ANPD's powers include ensuring the protection of personal data, drawing up guidelines for the National Policy for the Protection of Personal Data and Privacy and applying sanctions in case of irregular data processing.
The ANPD will have a transitory nature and may be transformed into an autarchy linked to the Presidency of the Republic after two years, at the discretion of the government. The new body will have the following organizational structure: Board of Directors (the highest governing body), National Council for the Protection of Personal Data and Privacy, Internal Affairs, Ombudsman, its own legal advisory body and administrative units necessary for law enforcement. The ANPD will be formed by directors who will be appointed for fixed terms.
The National Council for the Protection of Personal Data and Privacy will be composed of 23 representatives, holders and alternates, from public bodies and civil society.
vetoes
All vetoed items had been included by parliamentarians. Bolsonaro barred the device that allowed the ANPD to charge fees for services provided. The president's allegation was that, due to the transitory legal nature of the Authority, it would not be appropriate to charge fees. With this, the body will have the Union Budget as its main source of support.
Another important veto was on the provision that prohibited the public power from sharing, with other public bodies or legal entities governed by private law, the personal data of applicants who used the Access to Information Law (Law 12,527, of 2011). Bolsonaro claimed that the measure would affect “various activities and public policies”. He gave as an example the Social Security database, which is built with personal information shared from other agencies.
Provisions that expanded the list of administrative sanctions applied by the national authority were also vetoed. Congress approved three new types of punishment: partial suspension of the operation of the database for six months, suspension of the exercise of the activity of processing personal data also for up to six months, and partial or total prohibition of the exercise of activities related to the processing of personal data. Dice.
Bolsonaro said that the new sanctions would make it impossible to function essential databases for various public and private activities, such as those used by financial institutions. Currently, the LGPD provides, as an administrative sanction, a warning and a fine of up to 2% of the organization's billing.
The nine vetoes will now be analyzed in a session of Congress. The votes of at least 257 deputies and 41 senators are required to override a presidential veto.
Source: Agência Senado
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