At entities representing different business sectors, signatories of this document, express their concern with the current text of the PL 2630/2020 (“PL de Fake News”), in view of the need to maintain the centrality of the General Data Protection Law (LGPD) and the National Data Protection Authority (ANPD) regarding the topic “protection of personal data”, as a necessary and imperative measure for maintaining the legal security of relevant business activities, reiterating the importance of harmonizing the national regulatory environment.
Regardless of the important discussion on new rules aimed at combating the dissemination of false information on the internet, which is a worldwide problem, it is necessary to mitigate the risk of devices that may generate insecurity during the long and mature debate that resulted in the approval of the LGPD and the creation and ANPD's competences, such as the following problems observed in the PL in question:
1) Conflict of competence between the possible autonomous supervisory entity provided for in PL 2630/2020 and the ANPD, which is responsible, among other duties, for ensuring the protection of personal data, regulating and supervising the application of the LGPD. Despite the fact that the supervisory entity was removed from the version of the PL presented on 04/27/23, the return of its insertion may surface at any time during the legislative discussions;
2) Definition of the legal basis for consent for certain personal data processing activities, contrary to the LGPD regime, which provides for several other legal grounds, without any hierarchy between them;
3) Several devices regulating the protection of personal data of children and adolescents;
4) Automated decisions and the duty to explain the criteria for the content moderation decision, with mistaken reference to art. 20 of the GDPR. However, what should be sought is for the moderation algorithm to be based on abusive content, which should not be confused with the processing of personal data or the creation of user profiles; It is
5) Profiling, including its conceptual definition and requirements for transparency and providing information to users about the parameters used to determine the display of ads and for the purpose of recommending content and how to change these parameters.
These topics are provided for in the LGPD and under the supervision of the ANPD, in accordance with the statement released by the Authority itself on 04/27/2023. The undersigned entities, in this sense, support the correct position of the ANPD in relation to PL 2630/2020 and, respectfully, before the National Congress, share concern about the conflicts currently existing in the Substitutive proposal and the General Data Protection Law . It should be remembered that this law is the structuring pillar of the right to the protection of personal data in Brazil – a right recently elevated to the category of fundamental right by wise and correct decision of the Parliament itself. The defense of the LGPD and the central role of the National Data Protection Authority in the matter is ultimately the defense of the Federal Constitution.
Sign:
– Brazilian Association of the Personal Hygiene, Perfumery and Cosmetics Industry – ABIHPEC
– Brazilian Electrical and Electronics Industry Association – Abinee
– Brazilian Association of Software Companies – ABES
– Brazilian Association of Information and Communication Technology Companies – Brasscom
– Santa Catarina Association of Technology – ACATE
– National Association of Data Privacy Professionals – ANPPD
– National Confederation of Retail Managers – CNDL
– Federation of Trade in Goods, Services and Tourism of the State of São Paulo – FecomercioSP
– Brazilian Institute of Business Law and Ethics – IBDEE
– Competitive Brazil Movement – MBC
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