The National Congress extended the validity of Provisional Measure No. 1,124, of June 13, 2022, which deals with the General Data Protection Law, for a period of 60 days, as published in the Official Gazette of the Union this Friday (19) .
The MP amends the law passed in August 2018, considering the National Data Protection Authority (ANPD) as a special agency.
Renewal is a normal procedure in the House, since every MP is renewed by the President of Congress, if it is not voted on within 60 days. The extension is for the same period.
What is GDPR
The General Data Protection Law (nº 13.709) approved in 2018 creates rules for the collection and processing of data by companies. The objective is to ensure the privacy and protection of personal data and to promote transparency in the relationship between individuals and legal entities.
The legislation guarantees that the collection, treatment and commercialization of personal data will only be done with the authorization of the holders.
Types of data covered by the LGPD
The LGPD applies to data that can identify a person. That is: phone numbers, personal characteristics, documents, etc.
There is also sensitive data: data that can be used in a discriminatory way, such as religious conviction, racial or ethnic origin, political opinion, union membership and data relating to health or sex life.
There is yet another type of data, the anonymized personnel. This is information pertaining to someone who cannot be identified. This data is outside the scope of law enforcement, as long as the anonymization process cannot be reversed and is not used in the formation of behavioral profiles.
Anonymous data is important for companies developing technologies such as artificial intelligence and machine learning.
National Authority for the Protection of Personal Data
The supervision and regulation of the LGPD is the responsibility of the National Authority for the Protection of Personal Data (ANPD). This is the body that will define punishments in case of non-compliance with the law.
The ANPD will also have an educational role, to guide society on the new rules and mediate conflicts between companies and customers. The authority is linked to the Civil House and the minister of the portfolio appoints its board of directors.
*Posted by Ligia Tuon
Source: CNN Brasil
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