27 Apr BILL NO. 1,179/2020 RECEIVES DATA PROTECTION AMENDMENT WITH ARRIVAL AT THE CHAMBER OF STATE REPRESENTATIVES
The Bill No. 1,179/2020, recently approved at the Federal Senate and forwarded to the Chamber of State Representatives, received, in the beginning of the month, its 1st amendment related to data protection and privacy[1].
Congressman João Henrique Caldas – JHC proposed that the sanctions – of fine, blockage and elimination of personal data, (partial) suspension of the controller’s database activities or all personal data processing activities and partial or total prohibition of processing personal data, as provided in article 52 II, III, V, VI, X, XI and XII of Law No. 13,709 / 2018 (“LGPD”) – to the processing agent who, during the investigation of the infractions, demonstrates the execution of LGPD compliance plans, or the adoption of good practices and governance, as of January 1st, .2021; except in cases of recurrence.
The congressman argues that for primary offenders this measure intends to stimulate the processing agents to initiate or continue with their LGPD compliance projects, as their financial health allows them, despite the difficulties of the current pandemic scenario. In this sense, those who have not organized themselves or invested in measure to comply with the law shall not benefit from the law’s postponement.
The project was received at the Chamber of State Representatives and is awaiting dispatch from the President of the Chamber. Then, if approved, it will proceed for presidential sanction.
[1] For more information about Bill of Law No. 1.179/2020 and its impacts on data protection, clique here to check-out our article “Will the LGPD’s entry into force be postponed?”.
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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