MPF recommends that LGPD enters into force on 2020 and the postponement of fines application until 2021
On April 14, 2020, the Brazilian Federal Attorney General’s Office (MPF) forwarded a technical note to National Congress related to the Bill 1,179/2020, which postpones the beginning of General Data Protection Law (LGPD) term to 2021. On that note, MPF defends that LGPD enters into force on August 20, 2020, stating that it may contribute to the development of actions for health protection and social isolation, as well as for partnerships with parties abroad during the COVID-19 pandemic.
The Federal Attorney General’s Office also suggests that only fines application be postponed to August 21, 2021. Such measure would contribute for adequacy of companies and government, as well as the consolidation of National Data Protection Authority and National Personal Data and Privacy Protection Board. Regarding such agencies, MPF recommends their implementation as soon as possible, as they might contribute for legal certainty of measures able to affect the citizens’ data protection.
Specialists consider the use of personal data by government a polemic issue and, in general, agree with the beginning of the LGPD term. However, they also defend the postponement of fines in order not to damage companies impaired by the current moment.
More information is available at https://www.conjur.com.br/2020-abr-14/mpf-divulga-nota-tecnica-adiamento-vigencia-lgpd.
The full technical note can be accessed at https://www.conjur.com.br/dl/nota-tecnica-lgpd.pdf.