Joint Analysis Committee issues opinion against the postponement of the Data Protection Law (LGPD)
In an Opinion issued August 5th, the Joint Committee of Provisional Measure No. 959/2020 (“MP 959”) took a stand for the partial approval of MP 959 in the form of a Conversion Bill, but with the exclusion of the provision that would postpone the vacatio legis of the General Data Protection Law – “LGPD” (Law No. 13,709/2018) to May 3, 2021, having highlighted its understanding of the need to maintain the beginning of the term of LGPD on August 14, 2020.
According to the Opinion, the protection of personal data corresponds to a sensitive matter and the maintenance of the entry into force of said Law until August 14, 2020, next Friday, will bring greater stability to the data processing ecosystem, reestablishing deadlines already known for almost two years, while fulfilling its protective function of data, for the benefit of the population.
The Opinion also ratified that the decision in line with the understanding was already adopted in the National Congress, on postponing only the application of the sanctions provided for in the LGPD.
The consideration of the MP 959 follows its procedure for the Plenary of the Chamber of the State Representatives, subsequently to the Senate and, if approved, will finally be sent for sanction or veto by the President.
We still face the following scenarios: