Brazilian general data protection law

On December 27, 2018, as one of his last acts, President Michel Temer issued the Provisional Measure No. 869 (MP 869), which amended the Brazilian General Data Protection Law (Law No. 13,709, dated August 14, 2018 – LGPD) and finally created a National Data Protection Authority (Autoridade Nacional de Proteção de Dados – ANPD). The formation of the ANPD was highly anticipated, since its creation was actually vetoed at the time of the publication of the LGPD.

According to MP 869, among others, the ANPD has powers to ensure the protection of personal data; further regulate the protection of personal data; require information from controllers and operators of personal data; provide simplified mechanisms (including by electronic means) for registering complaints about the treatment of personal data and, finally, supervise and apply sanctions in connection with the breach of the LGPD by means of administrative procedures.

MP 869 also provides that the ANPD is part of the Federal Government, within the Presidency, and it shall have a Board of Directors (appointed by the President), a Council for the Protection of Personal Data and Privacy, an independent Internal Affairs Department, an Ombudsman Department, a Legal Advisory Department and other administrative and specialized units required to apply the LGPD.

In addition to the foregoing, MP 869 sets forth that the ANPD shall also ensure the secrecy of corporate data and confidential data in general, as well as amended some important aspects of the LGPD, such as authorizing the shared use of sensitive data within the rendering of health services.

Finally, MP 869 extended the vacatio legis period originally provided by the LGPD (February, 2020), giving more time for the adaptation of the companies. According to its new text, the LGPD shall enter into force within 24 months from its publication, i.e., August, 2020.

Notwithstanding the above, note that to be in fact effective, MP 869 shall be approved by the Congress and converted into a Federal Law within 60 days (which can be extended for additional 60 days) from its publication (dated December 28, 2018).

Azevedo Sette Advogados