| General Personal Data Protection Law | |
|---|---|
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| National Congress of Brazil | |
| |
| Citation | Law No. 13.709 August 14, 2018 |
| Territorial extent | Worldwide |
| Passed by | Chamber of Deputies |
| Passed | May 29, 2018 |
| Passed by | Federal Senate |
| Passed | July 10, 2018 |
| Signed by | Michel Temer,President of Brazil |
| Signed | August 14, 2018 |
| Commenced | August 16, 2020 |
| Administered by | Data Protection National Authority |
| Legislative history | |
| First chamber:Chamber of Deputies | |
| Bill title | Law Project no. 4060/2012 |
| Introduced by | Dep. Milton Monti (PL-SP) |
| Introduced | June 13, 2012 |
| First reading | June 28, 2012 |
| Second reading | May 29, 2018 |
| Third reading | May 29, 2018 |
| Second chamber:Federal Senate | |
| Bill title | Chamber Law Project no. 53/2018 |
| Received from theChamber of Deputies | June 1, 2018 |
| First reading | June 1, 2018 |
| Second reading | July 10, 2018 |
| Status: In force | |
TheGeneral Personal Data Protection Law (Portuguese:Lei Geral de Proteção de Dados Pessoais, orLGPD;Lei 13709/2018), is astatutory law ondata protection andprivacy in theFederative Republic of Brazil.[1] The law's primary aim is to unify 40 different Brazilian laws that regulate the processing ofpersonal data.[2] The LGPD contains provisions and requirements related to the processing of personal data of individuals, where the data is of individuals located in Brazil, where the data is collected or processed in Brazil, or where the data is used to offer goods or services to individuals in Brazil.[3]
The LGPD became law on September 18, 2020, but its enforceability was backdated August 16, 2020.Sanctions under the regulation will only be applied from August 1, 2021.[4][5]
Thenational data protection authority responsible for enforcement of the LGPD is theAutoridade Nacional de Proteção de Dados, or ANPD.[6]
The LGPD contains sixty-five articles and defines new legal concepts in Brazilian law, such aspersonal data andsensitive personal data. The law sets out the rights of the subjects of personal data, and under what conditions that data can be collected, processed, stored, and shared. It also specifies the obligations of the entity processing that data, and the exceptions to the law.[7]
InArticle 18, the LGPD allows the data subject right to do the following:[8][9]
Article 7 describes the conditions under which personal data may be processed:[5][9]
Article 48 of the LGPD states that the data controller must inform the national data protection authority and the data subject, if a security incident occurs that may result in relevant damage or risk, in a reasonable time period (as defined by ANPD).[9]
Article 52 states that the maximum fine for breaching LGPD is two percent of a private company's revenue in Brazil, up to a maximum of 50 millionreais.[2]
The process of combining separate data protection laws in to one was inspired by theEU'sGeneral Data Protection Regulation, which was adopted on April 14, 2016. The LGPD and the GDPR have similar definitions of personal data and essentially the same data subject rights. The regulations differ on the legal basis for processing data, where the LGPD additionally includes carrying out research studies and protectingcredit ratings. Additionally, the LGPD does not specify a time period in which data breaches must be reported and the penalties for breaching the LGPD are lower than that for GDPR.[2][10]
In 2015, the Brazilian Government issued the Preliminary Draft Bill for the Protection of Personal Data and submitted it to public consultation, before being sent to Congress for discussion and vote.[11]
On August 14, 2018, the Brazilian National Congress first passed the General Personal Data Protection Law.[12]
On December 28, 2018Michel Temer issuedprovisional measure 869 that amended the LGPD to include the creation of a national data protection authority responsible for enforcement of the law calledAutoridade Nacional de Proteção de Dados (ANPD).[13]
On April 29, 2020, PresidentJair Bolsonaro issued Provisional Measure 959 that postponed the effective date of the LGPD to May 3, 2021. On August 26, 2020, TheChamber of Deputies, Brazil'slower house, amended the measure to make the LGPD take effect on December 31, 2020. TheFederal Senate, Brazil'supper house then decided that any postponement was void because the effective date had already been decided by congress.[10] The LGPD passed in the Senate on September 16, 2020, and was sent to Jair Bolsonaro to sign into law on September 17, 2020. The LGPD became law on September 18, 2020, and its enforceability was backdated August 16, 2020. Sanctions under the regulation were to only be applied from August 2021.[4][5]