22 May THE POSTPONEMENT OF THE LGPD’S ENTRY INTO FORCE AND THE PLOT TWIST AT THE BRAZILIAN SENATE
On Tuesday (May 19, 2020), the Federal Senate deliberated on the substitute draft presented by the Chamber of State Representatives of the Bill No. 1.179/2020 (“PL 1.179/2020”)[1].
The substitute draft to the PL 1.179/2020 presented by the Chamber of State Representatives kept the postponement period of the LGPD’s sanctions, as previously proposed by the Senate, but removed from the bill the wording that intended to postpone the LGPD’s entry into force to January 1, 2021, due to the Provisional Measure No. 959/2020 (“MP 959/2020”), which has postponed to May 3, 2021 the entry into force of the general provisions of the LGPD[2].
Senator Simone Tebet, the rapporteur for PL 1.179/2020, present an opinion contrary to the substitute draft and warned that due to the lack of guarantees that the MP 959/2020 validity may not be maintained.
This because for the MP 959/2020’s conversion into law it is required that the both houses of National Congress approve it. If the MP 959/2020 comes to be rejected, the LGPD’s date of entry into force would return to August 2020, contrary to the purpose argued by the Chamber of State Representatives to postpone the LGPD’s entry into force, at this time mainly because of the financial difficulties for most companies, as he mentioned in his opinion.
According to the Senator, the removal of the deadline for the LGPD general provisions entry into force by the PL 1.179/2020 may represent a legislative mistake.
However, Senator Weverton Rocha, argued that extending the period for the LGPD’s entry into force to 2021 would be inappropriate at present, when there are a mass collection and processing of citizens’ health data to formulate public policies on their behalf and for their protection and that, due to the Executive Power’s omission in establishing a National Data Protection Authority, the entry into force of the LGPD, still this year, would be essential.
The Senators also discussed the importance of the LGPD’s standards in fighting misinformation promoted by the spread of fake news on social media.
In view of the arguments presented, the Senators decided by sixty-two (62) votes in favor and fifteen (15) against to approve the substitute draft submitted by the Chamber of State Representatives to the PL 1.179/2020.
It is possible to identify that, at the moment, at least in the Federal Senate, there is a majority formed to reject the proposal of MP 959/2020 to postpone to May 3, 2021, the LGPD’s entry into force.
The bill shall now be submitted for the President’s sanction. The President has fifteen (15) days to approve or veto the bill, under penalty of tacit sanction in his absence.
[1] For more information on the PL 1.179/2020 voted by the Chamber of State Representatives, check out “Brazilian Chamber of State Representatives approves bill that postpones the LGPD’s entry into force”.
[2] For more information on the MP 959/2020, check out “Provisional Measure postpones to may 2021 the entry into force of the LGPD”.
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.
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