The New Brazilian Data Protection Regulation

 In NEWS, Uncategorized

The Brazilian President, Michel Temer, sanctioned last Tuesday (14 August) the General Law of Data Protection, which establishes rules for the collection and processing of personal data in Brazil. Inspired by the EU General Data Protection Regulation (GDPR), the law was first discussed in 2010, with the text being finalised last month. The new rules, which are valid for companies that deal with data in the country, will be fully enforceable in 18 months. However, the creation of a regulatory body called the ‘National Data Protection Authority’ (ANPD, in Portuguese) was vetoed by the president for being unconstitutional, as it was not sanctioned by the Executive – a power headed up by the president, and advised by a cabinet of ministers. It was intended for the independent authority to work in a similar way to the European Commission. According to the president, a bill will be sent to the Brazilian Congress. The implementation of the National Council for the Protection of Personal Data and Privacy was also vetoed, which would be responsible for formulating strategies and guidelines on the subject. There are still doubts whether the ANPD will be subordinated to the Ministry of Justice or the Ministry of Research and Science.

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