Project is carried out in partnership with the Brazilian Institute of Education, Development and Research and receives support from the UN
Jusbrasil and the IDP (Brazilian Institute of Education, Development and Research) launched this Wednesday (7.Dec.2022) the LGPD Panel (General Data Protection Law), with the aim of follow the evolution and “ripening” of the law in Brazilian courts. With the support of the United Nations Development Program, the project was officially presented at the International Congress of Constitutional Law, from December 7th to 8th, in Brasília.
This was the 2nd consecutive year of the project which, according to one of the founders of Jusbrasil, Luiz Paulo Pinho, should continue in the coming years. The panel has already analyzed 1,789 Brazilian court documents involving the use of the LGPD, from 2020 to 2022. The Court of Justice of São Paulo was the one that had the most decisions with the law as a central theme, with 110 decisions in all. São Paulo is followed by the Courts of Bahia (11), Rio Grande do Sul (10) and the Federal District (9).
According to the jurist Laura Schertel Mendes, who idealized the project together with more than 50 researchers, the trend of applying the LGPD in Brazil has been growing, increasing from 274 decisions in 2021 to 665 in 2022. The idea of the interactive panel is that new data can be included and that the analysis and application of the law will improve over time.
For Bianca Kremer, coordinator of the Privacy Lab IDP, information security incidents occupy the 1st place in the discussions, followed by “problems related to the identification of legal bases”🇧🇷 Kremer states that the increased use of the law in decisions shows that discussions on the subject are deepening and 🇧🇷impacting society more and more”🇧🇷
The project brought together documents obtained through an artificial intelligence system developed by the Jusbrasil team. The data used are publicly accessible and were collected from electronic official gazettes and from the jurisprudence research pages of the Judiciary.
General Data Protection Law
sanctioned by the president Jair Bolsonaro (PL) on September 17, 2020, the LGPD define rights of individuals in relation to their personal information and rules for who collects and processes these records, such as obligations to obtain consent in some cases, publicity of the uses made with the data and guarantee of security to avoid leaks. The objective is to protect the fundamental rights of freedom and privacy and the free development of the personality of citizens.
In 2021, among the main themes present in decisions involving the law was the use and treatment of personal information in criminal investigations. Different instances have placed limits on the access and use of data, including medical information or those originating from digital platforms.
In August of the same year, the LGPD entered its final stage of implementation🇧🇷 Now, companies and public bodies that do not adapt to the norm may be punished with sanctions ranging from a warning to fines of up to R$ 50 million.
The LGPD was the 1st legislation aimed exclusively at preserving the privacy of citizens’ data and brings Brazil closer to an old goal, entry into the OECD (Organization for Economic Cooperation and Development).
In addition, the law defined concepts such as what is a personal data it is a sensitive personal datal. In addition, it created 9 types of punishment for those who fail to comply with the legislation and an entity responsible for applying them, the ANPD (National Data Protection Authority).
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