The OABRJ, through its Board of Inclusion and Digital Innovation, issued on Monday 4 a technical note rejecting Bill 5.762 / 2019, which aims to extend the General Protection Law until 2022. Personal Data (LGPD). For the Order, the postponement means “a flagrant violation of fundamental rights and harmful economic effects, which in view of the current scenario, can further aggravate the crisis affecting the country.”

Lea the full text signed by the President of the Section, Luciano Bandeira, and the Director of Inclusion, Maria Luciana Souza:

The Brazilian Bar Association, SectionThe State of Rio de Janeiro, through the Directorate of Digital Inclusion and Innovation, objectively objected to Bill No. 5,762 / 2019, presented on October 30, 2019.in the Chamber of Deputies, whose purpose is to extend the entry into force of Law No 13.709 / 2018 (General Law on Protection of Personal Data – LGPD) until August 15, 2022.

It is possible to point out from the beginning that after more than eight years of discussion with civil society actors, two public consultations, a series of hearings and thematic sessions in the National Congress andother forums, the General Law on the Protection of Personal Data was promulgated, a law that provides for the processing of personal data, including in digital media, by a natural or legal person governed by public or private law, with the aim of protecting the fundamental rights of freedom and privacy and the free development of the personality of the natural person..

Well, from the explanatory memorandum of the project is already extracted its total misconception, not only for treating the issue as the right of the “Brazilian user of the Internet”, for ignoring that the law itself establishes the competence of the National Authority of Data Protection (which is emphasized, is in the process of instituting with members of remarkable experience to act already appointed) to issueDirectives applicable to micro and small enterprises, in particular the insignificant database which led the Member to conclude the need to extend the deadline for entry into force: This period was originally set at 18 months and, after the conversion of Interim Measure 869 of 2018 into law, it was extended to 24 months.

Es important to note that worldwide the concern about the issue is not recent, the first specific laws date from the 70s. By approving the LGPD, as the General Data Protection Law was popularly known, Brazil joined more than a hundred countries that already had specific rules on the protection of personal data at the time of its promulgation. It cannot be denied that the global data protection movement was felt directly in Brazil, when in 2016 the European Union approved the General Data Protection Regulation (GDPR), which, among other provisions, established that transfers could only be made.personal data with the European Economic Area (EEA) if, subject to the other provisions of the Regulation,

As a third country, Brazil needs to transfer personal data with the European Economic Area and other countries that adhere to the European regulatory model. Therefore, at a time of need for investment incentives in Brazil, the elimination, even temporarily, of a movement for the defense of fundamental rights, with an incontroverted economic development, represents a negative view and against the world scenario.

Without prejudice to any other legitimate argument and in line with the protection of the fundamental rights ofthe physical person and the economic perspective that represents the postponement of the beginning of the law, the subject demands the care and attention of the whole society. This is because it is undeniable that the guiding pillars of the law are transparency, governance and security, and it is therefore unreasonable to allow a period of four years for entrepreneurs and businesses to adapt to what is already guiding their social function. The constitutional terms and therefore must be followed from the conception of the activity.

TConsidering the above, it must be recognized that the 24 months of validity reveal an absolute relevance for the cultural / operational movement that persons and/or legal entities handling personal data need to develop/implement in their own

Although the apparent advantage of granting 24 additional months at the beginning of the period is seductive for persons and/or legal entities who need to adapt, they will also be those directly affected by the loss of competitiveness and the reduction of operations provided for in European Regulation (without prejudice to what other countries have already legislated in the same way, precisely to maintain the appropriate level of protection of the fundamental rights of the parties concerned). Therefore, it can be concluded that if the dilation is approved, all parties lose.

The postponement of the beginning of the LGPD deadline, reflected in the superficial arguments of justification of the bill, which, as shown, does not observe the development of the alleged delaying measure, means a flagrant violation of fundamental rights, which also has an effect on theThe crisis affecting our country can be further aggravated by the internal situation.

For all of the above, there is complete disagreement with the postponement of the entry into force of the General Data Protection Act, as proposed in Bill No.5,762 / 2019, and it is fundamental, with regard to the pillars of protection of fundamental rights. the natural person, the legal security and the international credibility of our country, the maintenance of the already extended term, namely August 2020.

Rio de Janeiro, November 4, 2019

Luciano Bandeira
President of OABRJ

Maria Luciana Pereira de Souza
Director of Digital Inclusion and Innovation