The National Congress enacted, in a solemn session this Thursday (10), in the Senate Plenary, Constitutional Amendment 115, which includes the protection of personal data among fundamental rights and guarantees.
The text originates from the Proposed Amendment to the Constitution (PEC) 17/2019, which updates article 5, which deals with individual and collective rights. In a new passage, it now says that “the right to protection of personal data, including in digital media, is ensured, under the terms of the law”.
The amendment also determines that the Union is responsible for legislating, organizing and supervising the protection of personal data processing and reinforces the General Data Protection Law (LGPD).
In addition to changing the way private institutions collect, store and make user information available, the LGPD is intended for public institutions – therefore, it must be followed by the Union, states, the Federal District and municipalities.
The General Data Protection Law is Law No. 13,709, passed in August 2018. It 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.
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.
The supervision and regulation of the LGPD will be 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.
* With information from Leonardo Guimarães
Source: CNN Brasil
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