WHEN WILL THE LGPD PENALTIES COME INTO FORCE? VARIOUS BILLS ON THE SUBJECT ARE BEING DISCUSSED AT THE CHAMBER OF STATE REPRESENTATIVES

05 Mar WHEN WILL THE LGPD PENALTIES COME INTO FORCE? VARIOUS BILLS ON THE SUBJECT ARE BEING DISCUSSED AT THE CHAMBER OF STATE REPRESENTATIVES

On February 24, 2021, the State Representative Erika Kokay (“PT/DF”) proposed Bill No. 578/2021 (“PL 578/2021”), which aims to immediately enforce the penalties provided by the Brazilian General Data Protection Law (“LGPD“).

According to the congresswoman, since the LGPD was enacted in August 2018, several years have passed without the country implementing a comprehensive regulatory framework that ensures the constitutional right to privacy, intimacy, and that ensures security in the processing of personal data.

In addition, the congresswoman recalls that a large data breach happened through the Internet was recently revealed, which exposed the personal data of a large part of the Brazilian population, and that the National Data Protection Authority (“ANPD”) has already been created, responsible for inspecting and applying sanctions in cases of non-compliance with the LGPD.

If the PL 578/2021is approved, “the ANPD will be ready to apply sanctions right away, providing an immediate response to the social demand to face the exponential growth of digital data traffic due to the COVID-19 pandemic – a growth that creates a favorable environment for the dissemination of misconduct.”

The proposal runs counter to Bill No. 500/2021, by congressman Eduardo Bismarck, which proposes the postponement of administrative penalties arising from violations of the LGPD.

Now, the Bill No. 578/2021 waits dispatch from the President of the Chamber of State Representatives.

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