STATE COURT OF SÃO PAULO INSTITUTES A COMMITTEE TO MANAGE THE ENTITY’S COMPLIANCE TO THE LGPD

20 May STATE COURT OF SÃO PAULO INSTITUTES A COMMITTEE TO MANAGE THE ENTITY’S COMPLIANCE TO THE LGPD

Data protection and privacy are gaining more and more importance in Brazil. Public and private legal entities are running against time to adapt to the rules provided for in the Brazilian General Data Protection Regulation (“LGPD”).

The State Court of São Paulo (“TJSP”) has established the Data Protection Management Committee (“CGPD”), which will report to the TJSP’s Presidency and will be responsible for the process of compliance to the provisions of the LGPD.

The measure is regulated by Ordinance No. 9.884/2020 published on April 30, 2020.

The CGPD will be chaired by the President of the TJSP, who will be able to appoint members jointly with the General Inspector of Justice for a term that will be run until the date of the LGPD’s entry into force and with no financial increase for the fulfilment of the function to be provided.

The competences defined by the CGPD are:

(i) Assess existing data processing and data protection mechanisms and propose policies, strategies and goals for the TJSP’s compliance with the provisions of the LGPD;

(ii) Draft principles and guidelines for the management of personal data and propose its regulation;

(iii) Supervise the execution of approved plans, projects and actions to enable the implementation of the guidelines provided for in the LGPD;

(iv) Guide the data processing and data protection under the guidelines established in the LGPD and internal rules of the Institution; and

(v) Promote the sharing of information related to data protection with other government bodies.

CGPD’s actions must also be compliant with the TJSP’s Information Security Policy guidelines, provided for in the Ordinance No. 9.699/2019, and the Committee’s actions must be coordinated with the Information Security and IT Governance Committees.

This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados concerning the matters here addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.