After great expectations from the market, the House of Representatives approved yesterday, May 28, the Provisional Measure n. 869/2018, which amended Law no. 13709/2018 (General Law on the Protection of Personal Data – “LGPD”) and, among other issues, provided for the creation of the National Data Protection Authority (“ANPD”).

During the vote, the Plenary of the House of Representatives promoted changes in the text, especially related to the:

• increase in the composition of the National Data Protection Council, by including representatives of the Information Technology business sector and the labor sector;
• the legal nature of the National Data Protection Authority (which may be transformed into an indirect federal public administration entity, linked to the Presidency of the Republic, within two years of the entry into force of the Law);
• reestablishment of the previous text of the LGPD, which envisaged the issuance of specific regulations for access to data processed by the Union related to school data and coming from the National System for the Evaluation of Higher Education;
• need for the Data Protection Officer to have legal and regulatory knowledge and be able to provide specialized services in data protection, being the technical autonomy of the professional in the exercise of the position guaranteed;
• reinstatement of the penalties for partial suspension of the provision of the database and suspension of the exercise of the processing of personal data, as well as partial or total prohibition of the exercise and activities related to data processing, which only shall be applied after the imposition of at least one of the other penalties previously provided for in the LGPD;
• express reference to the Consumer Defense Code regarding the fact that violations of the LGPD do not replace the application of administrative, civil or criminal sanctions foreseen under the specific legislation; and
• possibility of direct conciliation between the data controller and the data subject. In case of absence of an agreement, the controller may be subject to the application of administrative penalties.

The text was sent to the Federal Senate, with voting scheduled for Wednesday. After this, the text will be sent to the President of the Republic in order to be sanctioned.

Check the full text of the Provisional Measure at this link. Also, see here the Client Alert sent by Souto Correa in December 28^th, 2018, regarding the Provisional Measure.