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President Michel Temer sanctioned the General Data Protection Law yesterday (14). The standard establishes rules for the collection and treatment of information from individuals by companies and public institutions. However, it will only come into effect after an 18-month transition period.
The text was approved by the Federal Senate on July 10. The matter had already been unanimously approved in the House in May. The new legislation has been discussed since 2010 and makes Brazil equal to more than 100 countries that already have regulations on the subject, changing the daily lives of users, companies and the Government, as shown by Agência Brasil.
However, the text was sanctioned with vetoes on some points. The main one concerns the creation of a regulatory body called the National Data Protection Authority (ANPD). According to the wording approved by the Senate, this institution would be responsible for issuing complementary rules and for overseeing the obligations provided for in the law. It would also have the power, for example, to demand reports on a company's privacy impact, document to identify how processing is carried out, security measures and actions to reduce risks. It could also carry out an audit to verify, in the company, if the handling of the data was carried out correctly.
The implementation of the National Council for the Protection of Personal Data and Privacy was also vetoed. The body would be an auxiliary structure to the National Authority with the prerogative of proposing strategies and guidelines to it, as well as providing subsidies and preparing an annual report on the execution of the National Policy in the area. The collegiate would be formed by 23 members, appointed by the Federal Executive, the Senate, the Chamber, the National Council of Justice, the Internet Management Committee, companies, scientific institutions and society entities.
The president justified the veto by a legal problem, since the creation of the regulatory body would need to be carried out through an initiative of the Executive Branch, and not through a law passed by Parliament. According to the president, the veto is a "formal" issue and does not change the merits of the new law.
Temer and the ministers present at the ceremony informed that the creation of the regulatory body will be through a specific bill to be sent to Congress, but they did not rule out the possibility of a provisional measure. "I'll more or less leave it as it is in the project. The issue was a vice of initiative. I'm going to fix this vice. Now more than that, the project remains the same [as sent by the Chamber]", he said.
Temer also vetoed part of the sanctions provided for in the text, such as the suspension of the operation of databases or processing activity, in addition to some provisions related to the processing of data by the Government, such as requirements for the shared use of citizen information.
According to a document released by the Planalto Palace with the justifications for the vetoes, the punishments would bring "legal uncertainty". "Administrative sanctions of suspension or prohibition of the operation/exercise of the activity related to the processing of data can generate insecurity for those responsible for this information, as well as make it impossible to use and process essential databases for various activities, such as those used by institutions financial institutions, among others, which may harm the stability of the national financial system". The topic was a request from banks and associations in the financial sector.
Provisions related to the use of data by the Public Power also entered the list of vetoes. One of them stipulated that the shared use of personal data between bodies and entities governed by public law should be "advertised". By this rule, any public institutions should, when exchanging information on their records, disclose and provide transparency to this operation.
According to the Undersecretary for Legal Affairs at the Civil House, Gustavo Rocha, the government will send a new wording because in the way the Federal Revenue indicated that "it would be difficult to treat public data within the period in which the Law will come into force". In the document justifying the vetoes, Palácio do Planalto stated that the requirement could "make the regular exercise of some public actions such as inspection, control and administrative police unfeasible."
The vetoes were requested by the Central Bank, Comptroller General of the Union and ministries of Planning, Finance, Public Security, Justice and Science, Technology, Innovation and Communications.
The text was approved by the Federal Senate on July 10. The matter had already been unanimously approved in the House in May. The new legislation has been discussed since 2010 and makes Brazil equal to more than 100 countries that already have regulations on the subject, changing the daily lives of users, companies and the Government, as shown by Agência Brasil.
However, the text was sanctioned with vetoes on some points. The main one concerns the creation of a regulatory body called the National Data Protection Authority (ANPD). According to the wording approved by the Senate, this institution would be responsible for issuing complementary rules and for overseeing the obligations provided for in the law. It would also have the power, for example, to demand reports on a company's privacy impact, document to identify how processing is carried out, security measures and actions to reduce risks. It could also carry out an audit to verify, in the company, if the handling of the data was carried out correctly.
The implementation of the National Council for the Protection of Personal Data and Privacy was also vetoed. The body would be an auxiliary structure to the National Authority with the prerogative of proposing strategies and guidelines to it, as well as providing subsidies and preparing an annual report on the execution of the National Policy in the area. The collegiate would be formed by 23 members, appointed by the Federal Executive, the Senate, the Chamber, the National Council of Justice, the Internet Management Committee, companies, scientific institutions and society entities.
The president justified the veto by a legal problem, since the creation of the regulatory body would need to be carried out through an initiative of the Executive Branch, and not through a law passed by Parliament. According to the president, the veto is a "formal" issue and does not change the merits of the new law.
Temer and the ministers present at the ceremony informed that the creation of the regulatory body will be through a specific bill to be sent to Congress, but they did not rule out the possibility of a provisional measure. "I'll more or less leave it as it is in the project. The issue was a vice of initiative. I'm going to fix this vice. Now more than that, the project remains the same [as sent by the Chamber]", he said.
Temer also vetoed part of the sanctions provided for in the text, such as the suspension of the operation of databases or processing activity, in addition to some provisions related to the processing of data by the Government, such as requirements for the shared use of citizen information.
According to a document released by the Planalto Palace with the justifications for the vetoes, the punishments would bring "legal uncertainty". "Administrative sanctions of suspension or prohibition of the operation/exercise of the activity related to the processing of data can generate insecurity for those responsible for this information, as well as make it impossible to use and process essential databases for various activities, such as those used by institutions financial institutions, among others, which may harm the stability of the national financial system". The topic was a request from banks and associations in the financial sector.
Provisions related to the use of data by the Public Power also entered the list of vetoes. One of them stipulated that the shared use of personal data between bodies and entities governed by public law should be "advertised". By this rule, any public institutions should, when exchanging information on their records, disclose and provide transparency to this operation.
According to the Undersecretary for Legal Affairs at the Civil House, Gustavo Rocha, the government will send a new wording because in the way the Federal Revenue indicated that "it would be difficult to treat public data within the period in which the Law will come into force". In the document justifying the vetoes, Palácio do Planalto stated that the requirement could "make the regular exercise of some public actions such as inspection, control and administrative police unfeasible."
The vetoes were requested by the Central Bank, Comptroller General of the Union and ministries of Planning, Finance, Public Security, Justice and Science, Technology, Innovation and Communications.
Source: Agência Brasil
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