22/12
By Leonardo Neri and Barbara Oliveira
Last Tuesday, December 15th, the National Council of Justice approved, during its 323rd ordinary session, the resolution that establishes measures to standardize criteria adopted by the courts in adapting to the General Data Protection Law, which came into force in September 2020.
To comply, each court must create a Personal Data Protection Management Committee (CGPD), responsible for implementing the General Data Protection Law. The CGPD must be informed about all automation and artificial intelligence projects of the court.
In addition, the courts must appoint the data controller, or DPO (Data Protection Officer), as determined by the LGPD itself in its article 41, as well as forming a multidisciplinary Technical Working Group to assist the DPO, composed of employees from the areas of technology, information security, legal, among others.
The courts must also provide contact channels to assist data subjects, as well as create a website with information on the application of the LGPD.
Court systems must adapt to provide adequate information about the processing of personal data, through cookie notices and privacy policies.
Regarding the registration of processes, the courts must ensure that the actions are registered with the subject matter relevant to the LGPD in the unified procedural table.
Internally, awareness programs on the LGPD should be promoted for judges, employees, outsourced workers, interns, and judicial residents, in addition to reviewing existing contracts and agreements that authorize data sharing.
Technical and administrative security measures must be adopted to protect personal data against unauthorized access, as well as accidental or unlawful situations of inadequate processing, such as destruction, loss or alteration. In addition, the courts must keep all records of the processing of personal data.
It is worth remembering that the resolution does not apply to the Supreme Federal Court.
According to STF Minister Luiz Fux, the objective of the resolution is to provide more transparency and governance to the Judiciary.