Brazil moves forward with online data protection efforts

guest · Jul 5, 2018

Brazil moves forward with online data protection efforts
GDPR-inspired Bill was passed this week.
July 5, 2018
https://www.zdnet.com/article/brazil-moves-forward-with-online-data-protection-efforts/

Brazil has moved towards creating a better data protection environment on the Internet as a new Bill on the topic was passed this Tuesday (3).

A Bill authored by congressman Milton Monti proposes the creation of a general legal framework to protect data about individuals and businesses online, which would prevent the commercial use of information such as names, telephone numbers and addresses without consent of the user in question.

If the proposals become law, the rules would be applicable to any organization collecting and processing data in Brazil - so international companies like Google and Facebook would need to comply with the local regulations.

Data leaks are also covered by the Bill. When such occurrences take place, users will need to be informed immediately and the party holding the data will be held responsible for any damage relating to the leak.
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mirimir · Jul 5, 2018

More good news

Minimalist · Jul 8, 2019

Brazil to add digital data protection to fundamental rights

The Brazilian Senate has approved a proposal to add protection of data in digital platforms to the list of fundamental rights and individual citizen guarantees set out in the country's constitution.
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https://www.zdnet.com/article/brazil-to-add-digital-data-protection-to-fundamental-rights/

guest · Apr 4, 2020

Brazil Senate Approves Bill Delaying LGPD Enforcement
April 3, 2020
https://www.insideprivacy.com/international/brazil-senate-approves-bill-delaying-lgpd-enforcement/

The Brazil Senate unanimously approved a bill today that would delay implementation of the Brazil General Law for Data Protection, or LGPD, until January 1, 2021 and enforcement of fines and penalties until August 1, 2021. The LGPD is currently scheduled to take effect on August 15, 2020.

The draft bill — one of four pending in the Senate that propose to delay implementation of the LGPD — is broad in scope, encompassing not only the LGPD, but also statutes of limitations and sanctions for certain anti-competitive conduct.
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Passed in August 2018, the LGPD is the first comprehensive general data protection law in Latin America to be modeled after the European Union General Data Protection Regulation (“GDPR”). As with the GDPR, the LGPD sets forth several legal bases for the processing of personal data.
Although the LGPD is scheduled to take effect on August 15, the National Data Protection Authority (“ANDP”) responsible for the law’s enforcement has not yet been appointed.

The bill postponing implementation of the LGPD will be sent to the Brazil House of Delegates for consideration.
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guest · Apr 30, 2020

Brazilian data protection regulations postponed to 2021
The country's GDPR equivalent will no longer go live in August as planned
April 30, 2020
https://www.zdnet.com/article/brazilian-data-protection-regulations-postponed-to-2021/

The Brazilian government has postponed the country's general data protection regulations to May 2021. The GDPR-equivalent framework would be introduced in August 2020.

This is the second time the go-live date for the regulations gets moved, as the rules were originally planned to be introduced earlier this year. The amendment, which is mainly related to the emergency aid currently being provided to Brazilian citizens in the pandemic was announced yesterday (29), following several bills and lobbying around the postponement of the data protection regulations.
One such bill, which was recently approved by the Senate alongside the introduction of debates around loosening some regulations around privacy in the context of the pandemic, is currently with the Congress.

In a technical note to the Congress, Brazil's Federal Prosecutor's Office argued that only the application of sanctions should be postponed to 2021. The prosecutors argue that the regulations can be helpful in the development of actions and collaboration with foreign actors during the pandemic.
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Minimalist · May 16, 2020

Data privacy awareness grows in Brazil

The level of awareness and concerns over data privacy online is growing in Brazil, with more users looking to increase control over how their data is handled, according to new research.

According to a global study on data privacy by cybersecurity firm Kaspersky, 74% of Brazilian Internet users polled have reported trying to remove their personal data from websites and social media platforms.
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https://www.zdnet.com/article/data-privacy-awareness-grows-in-brazil/

guest · Jun 13, 2020

A Landmark Ruling in Brazil: Paving the Way for Considering Data Protection as an Autonomous Fundamental Right
June 9, 2020
https://fpf.org/2020/06/09/a-landma...rotection-as-an-autonomous-fundamental-right/

A historic ruling of the Brazilian Supreme Court from May 07, 2020 describes the right to data protection as an autonomous right stemming from the Brazilian Constitution.
By a significant majority, 10 votes to 1, the Court halted the effectiveness of the Presidential Executive Order (MP[1] 954/2020) that mandated telecom companies to share subscribers’ data (e.g., name, telephone number, address) of more than 200 hundred million individuals with the Brazilian Institute of Geography and Statistics (IBGE), the country’s agency responsible for performing census research.

More important than the decision itself was its reasoning, which paves the way for recognizing the protection of personal data as a fundamental right, independent of the right to privacy, that already receives such recognition, in a similar fashion to the Charter of Fundamental Rights of the European Union.
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This article summarizes the main findings of the ruling. First, (1) it will provide background on the role of the Brazilian Supreme Court and the legal effects of the ruling. It will then look into (2) the facts of the case, (3) the main findings of the Court, to conclude with (4) an analysis of what comes next for the Brazilian data protection and privacy law.
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guest · Jun 21, 2020

Brazilian President Delays Applicability of LGPD Sanctions, but Other Provisions Remain Uncertain
June 17, 2020
https://www.huntonprivacyblog.com/2...ctions-but-other-provisions-remain-uncertain/

On June 12, 2020, the Brazilian President Jair Bolsonaro approved Law #14,010/2020 (the “Law”). This Law was created to establish an urgent legal framework for the private sector in the context of the COVID-19 crisis. Among other topics, it delays until August 1, 2021 the applicability of the provisions relating to sanctions for non-compliance with the new Brazilian data protection law (Lei Geral de Proteção de Dados Pessoais, “LGPD”).

As we previously reported, the remaining LGPD requirements have been provisionally postponed until May 3, 2021.
The Congress has until August 27, 2020, to approve this Provisional Measure. If the Congress does not vote or rejects the Provisional Measure, the LGPD becomes applicable from August 2020, while its sanctions become applicable from August 2021.
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guest · Jun 29, 2020

What to Expect from Brazil’s New Data Protection Law
June 28, 2020
https://www.tripwire.com/state-of-s...-what-expect-brazils-new-data-protection-law/

Similar to the European GDPR (General Data Protection Regulation), the LGPD (Lei Geral de Proteção de Dados Pessoais) law is a brainchild of the Brazilian government.

In this post, we will evaluate how LGPD law secures the privacy of Brazilian users. Apart from this, we will explore the significant similarities between the GDPR and LGPD. Similarly, we will try to analyze the impacts of LGPD law in detail.
Wrapping Up
There is a strong likelihood that the LGPD will suffer the same fate as GDPR because most of the regulatory bodies in the country have an association with the Brazilian government. That said, consumers should not lose all their hope since there is a light at the end of the tunnel.

Due to the LGPD law, companies cannot take things for granted when processing their customers’ information without obtaining their consent. Therefore, the LGPD law should be considered as a step in the right direction because it will protect the Brazilian users’ digital privacy rights successfully.
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guest · Jul 27, 2020

If the proposals become law, the rules would be applicable to any organization collecting and processing data in Brazil - so international companies like Google and Facebook would need to comply with the local regulations.
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Facebook:
A Step Forward in Protecting People’s Privacy in Brazil
July 20, 2020
https://about.fb.com/news/2020/07/protecting-peoples-privacy-in-brazil/

In a few weeks, Brazil’s new data protection law called “Lei Geral de Proteção de Dados” (LGPD) is expected to take effect. It will govern how companies collect, use, disclose and process people’s personal data in Brazil. We believe everyone has a fundamental right to privacy.

So we’d like to take the opportunity that LGPD presents to explain how we’re enhancing our products and tools to meet the data protection requirements of LGPD and how it will impact people.
Permission Requests
Starting today, we will ask people in Brazil who use Facebook for permission to use certain types of data, such as data with special protections under LGPD. We’re also adding a new Brazil privacy notice to our data policies on Facebook and Instagram that include more context about LGPD and how people can exercise their rights under the law. [...]
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Google:
Helping users comply with the Lei Geral de Proteção de Dados (LGPD)
https://support.google.com/authorizedbuyers/answer/9928204?hl=en

The Lei Geral de Proteção de Dados (LGPD) is a new Brazilian privacy law that is due to go into effect on August 16th, 2020. It applies to the processing of personal data, which can include online identifiers, of users located in Brazil. We are committed to supporting advertisers, publishers, and other partners as they work to comply with the LGPD and will work with them to make this transition as smooth as possible.

This article provides additional details about how we can help assist with your LGPD compliance.
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guest · Aug 27, 2020

Brazilian Senate pushes for introduction of data protection regulations
If sanctioned by the president, the rules will be effective immediately with sanctions applicable from August 2021
August 27, 2020
https://www.zdnet.com/article/brazi...-introduction-of-data-protection-regulations/

The Brazilian Senate voted against the delay of the introduction of the country's data protection regulations, which relate to how personal information is treated online and offline.

According to the amendment passed yesterday (26), the regulations are effective immediately. According to Senate president Davi Alcolumbre, administrative sanctions provided for in the law will not be applied until at least August 2021.
Brazil's data protection regulations were approved in 2018 and the original go-live date was August 14, 2020. In April 2020, however, the introduction of the rules had been postponed to May 2021 [...] This was later overturned by the Senate.
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arran · Aug 29, 2020

If this bill goes thru would this make Brazil a good country to run VPN servers?

guest · Sep 10, 2020

CIPL Releases Paper on Top Priorities for Implementation of the Brazil LGPD
September 8, 2020
https://www.huntonprivacyblog.com/2...rities-for-implementation-of-the-brazil-lgpd/

On September 1, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) and the Centro de Direito, Internet e Sociedade of Instituto Brasiliense de Direito Público (“CEDIS-IDP”) released a new paper (“Paper”) on the Top Priorities for Public and Private Organizations to Effectively Implement the New Brazilian General Data Protection Law (“LGPD”). This paper is part of their joint-project on effective implementation and regulation under the LGPD.

The Paper outlines 12 priorities that public and private organizations that are subject to the LGPD should consider to effectively implement the law. It also includes a practical checklist with key steps for each of these priorities.
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Paper: "Top Priorities for Public and Private Organizations to Effectively Implement the New Brazilian General Data Protection Law (LGPD)"
(PDF): https://www.informationpolicycentre.com/uploads/5/7/1/0/57104281/cipl-idp_white_paper_on_top_priorities_for_public_and_private_organizations_to_effectively_implement_the_lgpd__1_september_2020_.pdf

This is the second paper of the special Joint-Project “Effective Implementation and Regulation Under the New Brazilian Data Protection Law (LGPD)”, by CIPL and CEDIS/IDP.
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guest · Sep 22, 2020

Brazil’s Data Protection Law (“LGPD”) Retroactively Effective
September 22, 2020
https://www.jdsupra.com/legalnews/brazil-s-data-protection-law-lgpd-76957/

On September 18, 2020, Brazil’s data protection law (Lei Geral de Proteção de Dados Pessoais, or “LGPD”) became retroactively effective August 16, 2020. Penalties do not begin until August 1, 2021, based on a previous delay passed by Brazil’s legislature.

Ultimately, the LGPD will affect organizations doing business in Brazil in a way none of the previous privacy laws and norms have.
Although the country already had several sectoral privacy laws and more than 40 laws and norms at the federal level, the LGPD is the first law to provide a comprehensive framework regulating the use and processing of all personal data.

In light of today’s digital economy and the perpetually expanding use of personal data, companies in all sectors are going to have to adjust and adapt their data collection practices to Brazil’s LGPD.
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By way of summary: [...]
In the meantime, companies need to be aware that the law is effective, and can be applied by the courts or other competent authorities.
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guest · Sep 26, 2020

Brazilian agency files first lawsuit for LGPD violations
September 23, 2020
https://iapp.org/news/a/brazilian-agency-files-first-lawsuit-for-lgpd-violations/

Brazil's Public Ministry of the Federal District and Territories filed the first lawsuit for alleged violations of the country's General Data Protection Law.
Horizonte alleging it illegally sold the personal information of 500,000 people. The agency requested the company stop the disclosure of personal data and for the company's website domain to be frozen until a decision is reached by the courts.
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Editor's note: The IAPP recently analyzed the LGPD and what it means for enforcement.
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First Lawsuit over Alleged Violation of the LGPD Filed in Brazil

guest · Oct 10, 2020

Brazil sees first lawsuit after introduction of data protection regulations
October 9, 2020
https://www.zdnet.com/article/brazi...-introduction-of-data-protection-regulations/

Brazil has seen the conclusion of the first lawsuit where the final ruling was based on the General Data Protection Regulations, which have been introduced in the country last month.

The case involves Cyrela, one of the largest real estate companies in Brazil, and was initiated by a customer who bought property from the firm and successfully demonstrated that he had been harassed by various companies from the Cyrela partner ecosystem, offering services ranging from loans to furniture and architecture services.
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As a result, a São Paulo court has ordered the company to pay 10,000 reais (US$ 1,759) in compensation for sharing that particular customer's personal information without authorization. In addition, Cyrela will have to pay 300 reais (US$ 52) for every contact that is shared in the same way. Cyrela could not explain how the customer's details had been forwarded on to these companies.
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Brazil: Court fines Cyrela BRR 10,000 for unlawful data sharing under LGPD

guest · Dec 29, 2020

Brazilians mostly unaware of data protection regulations
December 29, 2020
https://www.zdnet.com/article/brazilians-mostly-unaware-of-data-protection-regulations/

Consumers in Brazil are mostly unaware of the country's data protection rules and fail to question companies' personal data management practices, a new study has found.

The survey carried out by Brazilian credit intelligence company Boa Vista with over 500 consumers between August and September 2020 suggests that over 70% of those polled do not know what the General Data Protection Regulations are.
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The vast majority of the consumers polled (90%) feel their personal information is not protected appropriately by the companies requesting them, while 77% have expressed concerns over potential misuse of their data. Of the Brazilian consumers surveyed, 40% said they have been victims of fraud.
On the other hand, 53% of the Brazilian consumers surveyed said they don't always take measures to protect their privacy before informing their personal data to companies.

While 88% of respondents said they don't feel comfortable informing data such as their taxpayer registration number, 55% don't challenge companies when asked for such personal information.
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A survey carried out by the Brazilian Association of Software Companies (ABES) in partnership with EY soon after the introduction of the rules found that most Brazilian companies still needed to adjust to the rules. A subsequent study by ABES and EY found the technology sector fared better, but 56% of companies in the sector still needed to comply with the new regulations.
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guest · Aug 12, 2021

Brazil announces national data protection council
The group of 23 members will support the creation of guidelines for the application of the data protection rules.
August 11, 2021
https://www.zdnet.com/article/brazil-announces-national-data-protection-council/

The Brazilian government has announced the members of the National Council for the Protection of Personal Data and Privacy (CNPD) as part of the process of implementation of the country's data protection rules.

Announced on Monday (9) through a presidential decree, the advisory board is part of the implementation of Brazil's General Data Protection Law (LGPD). The council is tasked with the formulation of guidelines for the application of the data protection rules, including the provision of subsidies for the creation of the national data protection and privacy policy.
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The constitution of the CNPD board took place through through the publication of notices by the National Data Protection Authority (ANPD) for the formation of lists to be submitted to president Jair Bolsonaro for nomination. The specialists chosen to be part of the council were picked out of 122 submissions received as a response to the 5 notices published by the data protection authority.

According to the president at the National Data Protection Authority, Waldemar Gonçalves, the input of the CNPD members will be "extremely important in consolidating and disseminating" Brazil's data protection and privacy policy.
The presidential decree does not report when the CNPD will take office.
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