General Personal Data Protection Law
|General Personal Data Protection Law|
|Citation||Law No. 13.709 August 14, 2018|
|Enacted by||Chamber of Deputies|
|Passed||May 29, 2018|
|Enacted by||Federal Senate|
|Passed||July 10, 2018|
|Signed by||Michel Temer, President of Brazil|
|Signed||August 14, 2018|
|Commenced||August 16, 2020|
|Administered by||Data Protection National Authority|
|Bill introduced in the Chamber of Deputies||Law Project no. 4060/2012|
|Bill published on||June 13, 2012|
|Introduced by||Dep. Milton Monti (PL-SP)|
|First reading||June 28, 2012|
|Second reading||May 29, 2018|
|Third reading||May 29, 2018|
|Bill introduced in the Federal Senate||Chamber Law Project no. 53/2018|
|Bill published on||June 1, 2018|
|First reading||June 1, 2018|
|Second reading||July 10, 2018|
|Status: In force|
The General Personal Data Protection Law (Brazil) 13709/2018 (Portuguese: Lei Geral de Proteção de Dados Pessoais, or LGPD), is a statutory law on data protection and privacy in the Federative Republic of Brazil. The law's primary aim is to unify 40 different Brazilian laws that regulate the processing of personal data. The LGPD contains provisions and requirements related to the processing of personal data of individuals, where the data is of individuals located in Brazil, where the data is collected or processed in Brazil, or where the data is used to offer goods or services to individuals in Brazil.
The LGPD contains sixty-five articles and defines new legal concepts in Brazilian law, such as personal data and sensitive personal data. The law sets out the rights of the subjects of personal data, and under what conditions that data can be collected, processed, stored, and shared. It also specifies the obligations of the entity processing that data, and the exceptions to the law.
- To confirm that their personal data is being processed.
- To access their personal data.
- To correct incomplete, incorrect or out-of-date personal data.
- To anonymise, block, or delete any unnecessary, excessive, or non-compliant personal data.
- To request that a data controller moves their personal data to another service or product provider.
- To delete their personal data.
- To be given information about how their personal data has been shared.
- To be given information about their rights to not give consent to process their personal data.
- To withdraw consent to process their personal data.
- With the data subject's consent.
- To comply with the data controller's legal or regulatory responsibilities.
- For public administration and carrying out public policies set out in law, regulation, or in contracts.
- For research studies (anonymised where possible).
- To carry out a contract.
- To exercise Brazilian law.
- To protect life or personal safety.
- By healthcare or sanitation professionals, to safeguard a person's health.
- For the legitimate interest of the data controller or a third party, unless that would infringe upon the data subject's statutory rights.
- To protect credit ratings.
Article 48 of the LGPD states that the data controller must inform the national data protection authority and the data subject, if a security incident occurs that may result in relevant damage or risk, in a reasonable time period (as defined by ANPD).
Comparison with GDPR
The process of combining separate data protection laws in to one, was inspired by the EU's General Data Protection Regulation, which was adopted on April 14, 2016. The LGPD and the GDPR have similar definitions of personal data and essentially the same data subject rights. The regulations differ on the legal basis for processing data, where the LGPD additionally includes carrying out research studies and protecting credit ratings. Additionally, the LGPD does not specify a time period in which data breaches must be reported and the penalties for breaching the LGPD are lower than that for GDPR.
In 2015, the Brazilian Government issued the Preliminary Draft Bill for the Protection of Personal Data and submitted it to public consultation, before being sent to Congress for discussion and vote.
On August 14, 2018 the Brazilian National Congress first passed the General Personal Data Protection Law.
On December 28, 2018 Michel Temer issued provisional measure 869 that amended the LGPD to include the creation of a national data protection authority responsible for enforcement of the law called Autoridade Nacional de Proteção de Dados (ANPD).
On April 29, 2020 the Jair Bolsonaro issued provisional measure 959 that postponed the effective date of the LGPD to May 3, 2021. On August 26, 2020 The Chamber of Deputies, Brazil's lower house, amended the measure to make the LGPD take effect on December 31, 2020. The Federal Senate, Brazil's upper house then decided that any postponement was void because the effective date had already been decided by Brazil's congress. The LGPD passed the senate on September 16, 2020 and was sent to Jair Bolsonaro to sign into law on September 17, 2020. The LGPD became law on September 18, 2020 and its enforceability was backdated August 16, 2020. Sanctions under the regulation will only be applied from August 2021.
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