Project commission that complements LGPD is stopped – 05/28/2023 – Panel

Created almost a year ago, the special commission of the Chamber of Deputies to analyze a project that amends the General Data Protection Law (LGPD) is still not working in practice.

The project, by former deputy Coronel Armando (PL-SC), provides rules for the protection of personal data for purposes of state security, national defense, public safety and investigation and repression of criminal offenses. The themes were set aside in the LGPD, created in 2018.

The proposal is being processed conclusively, in a commission created on June 20 last year by the Board of Directors of the Chamber.

The text allows the sharing of personal data controlled by public security agencies in exceptional cases, when there is a public interest and provided that the protection standards provided for in the project are observed.

The project also allows the transfer of personal data to international organizations that work in the area of ​​public security.

In the justification for the project, the author stated that the objective was “to harmonize the duties of the State in the exercise of security activities and the observance of the procedural guarantees of Brazilian citizens with regard to the processing of personal data”.

The way the project was conceived has raised concerns among some specialists.

For criminalist Carolina Carvalho de Oliveira, partner at Campos & Antonioli Advogados Associados, the project will revolutionize the criminal procedural system, as the illegal transmission of data will be considered a crime.

“But we cannot forget that, since 2022, data protection has become a fundamental right and, therefore, must already be respected, under penalty of abuse of authority, regardless of regulation by specific law”, he says”.

Other points questioned are the fact that inspection will be the responsibility of the National Data Protection Authority (ANPD), which still has a modest structure, permission for the circulation of data without a judicial request and mild penalties for violating the law, as a warning and administrative accountability of public servants.

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