LGPD: everything you need to know about the General Data Protection Law

What’s it? LGPD definitions

The ultimate laws of security of personal data (LGPD), laws: 13.709/2018, objectives to handle the processing of personal data by companies, since non-public data has gained good significance inside the fashionable monetary system, as a result of it permits making predictions, analyzing consumption profiles, opinion, amongst totally different actions.

At the moment, higher than 126 nations on the earth have authorized tips for the security of personal data geared towards regulating the processing of data of companies, avoiding the misuse of these, along with the obligation of companies for this, along with for incidents and accidents with non-public data.

In Brazil, the ultimate laws on the security of personal data (LGPD) was unanimously approved by the Senate plenary in July 2018, and must be carried out definitively in August 2020 (the beginning of the making use of of sanctions was postponed to August 2021 due to the pandemic of COVID-19).

The LGPD objectives to:

  • Privateness security;
  • Freedom of expression, information, communication and opinion;
  • Inviolability of intimacy, honor and movie;
  • Monetary, technological progress and innovation;
  • Free initiative, free rivals and consumer security;
  • Human rights, free progress of persona, dignity and practice of citizenship.

The LGPD applies:

  • To the personal data of individuals located in Brazil;
  • When treatment is given in Brazil;
  • When there could also be present of merchandise and corporations to individuals in Brazil.

The LGPD does not apply:

  • For data coming from and destined for various nations, which solely transit by the nationwide territory;
  • Non-public use;
  • Non-commercial use;
  • Journalistic features;
  • Lecturers;
  • Public safety.

Non-public data

What’s non-public data?

Non-public data (art work. 5, I) is the data which means that you could decide a person or make it identifiable. Are examples of personal data:

  • Determine
  • Cope with
  • Distinctive identifiable numbers (RG, CPF, CNH)
  • Geolocation
  • Consumption habits
  • Medical Examinations
  • Nicely being data
  • Biometrics
  • Cultural Profile

A subcategory of personal data is named delicate non-public data (art work. 5,11), which by its relevance and significance require additional security of an ordinary non-public data. These are: non-public data on racial or ethnic origin, non secular conviction, political opinion, membership in a commerce union or group of a spiritual, philosophical or political character, data concerning nicely being or sexual life, genetic or biometric data, when linked to a pure particular person.

One different concept is anonymous data: data concerning the holder that may’t be acknowledged, considering the utilization of low-cost and accessible technical means on the time of its processing. Thus, anonymization is named the utilization of low-cost technical means accessible on the time of processing, by way of which an data loses the chance of affiliation, direct or indirect, to an individual.

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