Brazilian Congress approves Provisional Measure that creates data protection authority
The Brazilian Congress, formed by the Chamber of Deputies and the Federal Senate, approved the Provisional Measure No. 869/18, which changes several provisions of the Brazilian General Data Protection Law (Law No. 13,709/18 – “LGPD”).
A highlight of the Provisional Measure is the creation of the National Data Protection Authority (“ANPD”), that had been vetoed by the former President. ANPD will be responsible for preparing guidelines for the National Policy for Protection of Personal Data and Privacy, for supervising and applying penalties set forth in LGPD, promoting cooperation actions with data protection authorities of other countries, among others.
Another important modification brought by the Provisional Measure is the permission of shared use of sensitive data between data controllers with an economic purpose, provided that the exchange of data is strictly necessary for the provision of health services and pharmaceutical or health care, including diagnosis and therapy, and is in accordance with the best interests of data subjects.
The Provisional Measure is now subject to the President’s approval.