Lei Geral de Proteção de Dados Pessoais (LGPD)

Definition

The Lei Geral de Proteção de Dados Pessoais (LGPD) is Brazil's comprehensive data protection law that regulates the processing of personal data. Enacted in 2018, it aims to protect individuals' privacy and ensure that organizations handle personal information transparently and securely. The LGPD establishes guidelines for data collection, usage, storage, and sharing, giving individuals more control over their personal data and imposing stricter obligations on organizations.

5 Must Know Facts For Your Next Test

1. The LGPD applies to any organization that processes personal data of individuals located in Brazil, regardless of where the organization is based.
2. Under the LGPD, data subjects have rights such as access to their data, correction of inaccuracies, and deletion of their information upon request.
3. Organizations must have a legal basis for processing personal data, which can include consent from the data subject or legitimate interests.
4. The law requires organizations to implement technical and administrative measures to ensure data security and prevent breaches.
5. Non-compliance with the LGPD can result in fines of up to 2% of a company's revenue in Brazil, capped at R$50 million.

Review Questions

• How does the LGPD enhance individual rights compared to previous regulations in Brazil?
  • The LGPD significantly enhances individual rights by explicitly granting data subjects greater control over their personal information. Unlike previous regulations, it provides individuals with rights such as access to their data, correction of inaccuracies, and even the right to request deletion of their information. This shift empowers individuals to actively manage their personal data and increases accountability for organizations processing such data.
• Discuss the key responsibilities placed on organizations by the LGPD regarding personal data management.
  • Organizations are tasked with several key responsibilities under the LGPD, primarily centered on transparency and accountability in managing personal data. They must establish a legal basis for processing personal data, ensure informed consent when necessary, implement security measures to protect data from breaches, and maintain detailed records of their data processing activities. Additionally, organizations are required to promptly address any requests from data subjects related to their rights under the law.
• Evaluate the potential impact of the LGPD on international companies operating in Brazil and how they might adapt their practices.
  • International companies operating in Brazil must adapt their practices to comply with the LGPD's stringent requirements or risk facing significant penalties. This may involve revising their data processing policies to ensure they align with Brazilian regulations, implementing new compliance training for employees, and enhancing security measures to protect personal data. Additionally, these companies must be prepared to engage with the National Data Protection Authority (ANPD) if they process Brazilian residents' data, ensuring they are equipped to handle inquiries or investigations regarding compliance with the law.

Related terms

Data Subject: An individual whose personal data is processed under the LGPD, who has rights regarding their information.

Data Processing: Any operation performed on personal data, including collection, storage, use, and deletion.

National Data Protection Authority (ANPD): The regulatory body established by the LGPD responsible for overseeing compliance with the law and protecting individuals' data rights.