Provisional Measure That Amends The General Data Protection Law Follows Proceedings In The National Congress Of Brazil

Author:Ms Carla Do Couto Hellu Battilana and Marcela Waksman Ejnisman
Profession:TozziniFreire Advogados

The Provisional Measure No. 869/2018 (MP No. 869), which amends certain aspects of the General Data Protection Regulation (Law No. 13,709/2018 or LGPD), is still valid until June 3, 2019, and now it will be submitted to the deliberation of both House of Representatives and Federal Senate as Bill of Conversion (PLV) No. 7/2019.

Following public hearings and the proposition of 176 amendments, last Tuesday (May 7) the Commission approved the report prepared by the rapporteur, deputy Orlando Silva, which included the completion of his vote with some changes compared to the original report, presented in April. Upon the approval, the Commission issued Opinion No. 01/2019, consolidating the understanding of the parliamentarians on the MP No. 869.

The report presented by representative Orlando Silva, and approved by the Joint Committee, provided the approval of the measure, but also it suggests some changes on the original text of the MP No. 869, for example: (i) the importance of conducting hearings of the Board Members of the National Data Protection Authority (ANPD); (ii) the reduction of the number of members of the ANPD's Board, from 23 to 21; (iii) the restoration of powers of the ANPD originally provided for in the LGPD, such as ensuring observance of commercial and industrial secrets and conducting audits on the processing of personal data; (iv) the sanctions of partial suspension of database operation and suspension of data processing activities become limited, whit a maximum limit of 6 months, renewable for the same period; (v) permission to negotiate the payment of indemnification in cases in which the...

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