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Brazil is at the starting point to make the right to data privacy viable

August 19, 2022

By: Leonardo Neri

January 28th is a special day for us Brazilians, as we celebrate International Data Protection Day in the second year of the General Data Protection Law (LGPD) coming into force. The security of data collection and the right to privacy are extremely important factors for our society, because with technological integration, connections multiply and pave the way for leaks of an individual's most intimate information.

The LGPD is designed to ensure that personal data is processed appropriately and securely. In order to benefit from these technological innovations and build a mutual relationship of trust and commitment, organizations must be supported by the legal effects arising from the maintenance of the constitutional right to privacy, applying the necessary legal mechanisms.

Adapting to compliance is a necessary issue in which technology itself will be the source for the due achievement. More than ever, technology impacts the intelligence power of organizations and adopting it can be fundamental for the survival of any company in the market. Therefore, the challenges we will face are to develop, in practice, the culture of personal data protection and renew the work dynamics.

To this end, the Data Protection Officer (DPO), the professional responsible for data protection, will face the greatest challenge of implementing the provisions of the law, which guarantees transparency in data processing and the acculturation of personal and professional relationships. Among the professionals who already hold this position are lawyers, administrators, technicians, developers, communicators, among others, who will regulate companies in the use of personal information, especially that of their employees and customers.

One of the main purposes of the DPO is to act as an intermediary between the public or private entity, the data subject and our regulatory agency, the National Data Protection Authority (ANPD).

In order for the enormous flow of data to be handled securely and for efforts to respect privacy to be effective, it is essential for companies to adopt daily operational measures to comply with the new legislation. We are only at the beginning of a movement of transformation in society and the regular practice of data protection as a guarantee of democracy and freedom is an essential factor for us to continue on this journey.

Leonardo Neri, specialist in Digital and Consumer Law at Mazzucco & Mello Advogados. Graduated in Law from Universidade Presbiteriana Mackenzie, Postgraduate in Sports Law from Escola Superior de Advocacia, Master in Leadership and Sports Business from Loughborough University London and Certified in Privacy and Personal Data Protection by EXIN.

 

 

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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