Three years after the General Data Protection Law (LGPD) came into effect on August 14, 2018 ( it may seem strange, but this calculation is due to the fact that the law took two years to come into effect ), the legislation continues to be an important regulatory milestone in the processing of personal information. However, the LGPD still presents room for interpretation and additional regulations by the National Data Protection Authority (ANPD), the body responsible for safeguarding personal data and enforcing the LGPD.
The task of the ANPD,and human rights, is to protect citizens in the face of mexico number lookup the growing scope of technology in people's lives.
As a more recent example, the ANPD is conducting a preliminary analysis of Bill (PL) No. 2338/2023, which deals with the use of Artificial Intelligence in Brazil, raising concerns about human and fundamental rights in light of the inevitable use of AI. This proposal raises the need to establish clear guidelines and ensure that the use of AI does not violate human and individual rights.
The ANPD approved Resolution CD/ANPD No. 1, of October 28, 2021, which establishes the Regulation of the Inspection Process and the Administrative Sanctioning Process in cases of non-compliance with the LGPD. The resolution defines guidelines and procedures, ensuring transparency and the right of defense in the inspection and application of sanctions related to data protection. In this context of inspection and application of the LGPD, the ANPD recently sanctioned a call center company. The investigation was initiated based on reports that the company was providing a list of voters' contacts via WhatsApp for the purpose of disseminating electoral campaign material in the 2020 municipal elections in the city of Ubatuba, São Paulo. This case exemplifies the importance of monitoring and punishing violations of personal data protection.
The Authority, seeking greater clarity in legislation, introduced regulations for data processing in the academic and research context. The collection of personal data through interactions carried out on websites, applications and digital services can reveal sensitive information about people's personality and behavior, making them more vulnerable. Therefore, it is essential that institutions that conduct studies and research are aware and careful in the use of this information.
The ANPD also issued its first statement on the understanding of the processing of data from children and adolescents, establishing a standardized interpretation on the application of legal hypotheses in the processing of such data.
Given our economic reality, the ANPD has been providing guidance to small-scale data processing agents. These companies often do not have information security specialists on their team and need to improve their data protection practices. These guides and guidelines are made available to help these agents understand their responsibilities and implement appropriate security measures. This demonstrates the good faith that the Authority is expected to maintain in the coming years.
which is expected to continue to be guided by freedom
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