LGPD: a look at the state of Brazil's big privacy regulation law

Brazil's new unified data privacy regulation LGPD is set to cause quite a stir in the country and facilitate a lot of progress amongst local organisations. However, delays and amendments to the bill are causing uncertainty and may present severe ramifications to its success.

The introduction of the European Union's earth-shattering General Data Protection Regulation (GDPR) can certainly be recognised as a watershed moment for privacy, ethics, and business all around the world.

The GDPR has set a global standard for how organisations should be treating their use of personal data and countries around the world have taken heed of its important privacy-focused message by instilling their own regulatory practices. Its influence both within Europe and abroad has been an important development, as data becomes more and more valuable to businesses and citizens become more and more mindful of how it is being used.

While many countries have crafted their own sets of GDPR-inspired privacy laws and have already put them into practice, other countries have had run into issues getting up to speed. Falling into the latter camp is Brazil, whose GDPR-modelled privacy law - known as Lei Geral de Proteção de Dados Pessoais (LGPD) - has suffered delays and amendments since being passed in August 2018.

There is no doubt that the LGPD is a sorely needed piece of regulation for Brazil, as it is set to replace what is currently a patchwork of 40 different statutes governing the use of personal data by public and private entities. Conversely, LGPD is robust and unified in nature - offering a single set of laws that draw heavily from the principles set out in GDPR.

However, as Brazil, like most nations around the world, reel from the effects of the novel coronavirus, LGPD has taken a back seat and looks to be delayed until either January or May next year. This has sparked a debate in the country about the law's importance at this time, with some suggesting the focus should be elsewhere, while others say privacy laws have never been more important. We take a look at the structure of the LGPD, while also assessing the potential implications of delaying its implementation.

 

Overview of LGPD

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