Brazilian Data Protection Authority receives contributions from society for the elaboration of the regulatory agenda 2023–2024

The Regulatory Agenda of the National Data Protection Authority (ANPD in portuguese) for the 2023–2024 biennium is already in the planning phase. Until August 31, 2022, the special nature autarchy will receive, through Taking Subsidies, contributions from society in the form of qualitative assessment, according to the degree of importance of topics related to the General Personal Data Protection Law (LGPD in portuguese).

The purpose of the agenda is to seek greater publicity, predictability, transparency, and efficiency for the regulatory process of ANPD, offering greater legal security in the relationship with regulated agents. In this context, as announced by Technical Note No. 31/2022/CGN/ANPD, the autarchy suggests the following thematic axes to be subjected to taking subsidies:

  1. Holder Right – Petition of the Personal Data Holder Art. 18, § 1 of the LGPD.
  2. Governance and Good Practices – Rules of Good Practice and Governance Art. 50, caput; Art. 50, § 2; Art. 50, § 3; Art. 51, from LGPD.
  3. Data processing by the Government – Data sharing by the public power art. 25 of the LGPD.
  4. Personal Data Treatment – Children and Adolescents Art. 14 of the LGPD
  5. Inspection – Terms of Commitment with Treatment Agents Art. 55-J, XVII of the LGPD.
  6. Governance and good practices – technical opinions or recommendations regarding the exceptions provided for in item III of art. 4 of LGPD Art. 4, § 3 of the LGPD.
  7. National Policy Protection of Personal Data and Privacy and CNPD – Guidelines for the National Policy for Personal Data Protection and Privacy Art. 55-J, III of the LGPD.
  8. Regulation – good regulatory practices.
  9. Information Security – Security, techniques and administrative measures (including minimum safety technical standards) art. 46 of the LGPD.
  10. Regulation, Specific Economic Sectors – Health Art. 11, § 4; Art. 13 of the LGPD.
  11. Regulation, Specific Economic Sectors – Education.
  12. Personal Data Treatment – operation record art. 37 of the LGPD.
  13. Personal Data Treatment – Sensitive Personal Data – Biometric Data Art. 5, II of the LGPD.
  14. Personal Data Treatment – Progressive Adequacy of Database Art. 63 of the LGPD.
  15. Digital Law and Technologies – Artificial Intelligence.

Public subsidies taking is an important public consultation mechanism to collect data, information, or evidence, through the performance of society, which is directly interested in the subject and may assist ANPD in the elaboration of regulatory rules and protection of personal data, today listed between the fundamental rights and guarantees provided for in the Brazilian Federal Constitution.

Contributions will be made exclusively through the Participa + Brasil platform and anyone who wants to collaborate must register and be logged into the platform:

Click Here.

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