Brazil's data protection authority, the Autoridade Nacional de Proteção de Dados, released an updated version of its guidance on definitions of data processing agents and data protection officers. The guidance includes revisions on concepts for controllers, joint controllers, processors, subprocessors and DPOs, as well as practical examples of each role. The ANPD said the updates work to clear up "issues that have generated the most doubts" among those covered by the law.Full Story... Read More

According to the Senate News Agency, Brazil’s Senate appointed a commission of jurists to draft a proposal to regulate AI. The commission will focus on the economic and social impacts of AI in areas including sustainable development, public security, agriculture, industry, digital services, health care and IT, and must report back to the Senate in 120 days. During the drafting process, the commission plans to study other AI regulations, such as those in the European Union. Full Story... Read More

Brazilian Congress passed an amendment to Article 5 of the constitution that gives citizens the fundamental right to personal data protection, ZDNet reports. The amendment is an unchangeable clause, which means protections for citizens can only be expanded. Supporters said the amendment elevated the General Data Protection Law into the constitution and would improve the investment climate for the technology and communications sectors. However, critics said proposals approved by the Lower House o... Read More

Brazil’s General Data Protection Law entered into effect Sept. 18, 2020. As with any law imposing compliance requirements, a key issue is enforcement — how will the law be administered, and what potential penalties may be imposed for noncompliance? Generally, the LGPD creates an enforcement agency, the National Data Protection Authority, which is authorized to monitor compliance with the law and impose sanctions, including fines, for violations. While this new agency is still being established ... Read More

A provisional measure will give Brazil's data protection authority, the Autoridade Nacional de Proteção de Dados, independent authority from the Brazilian government, ZDNet reports. While it still requires approval from Brazil's National Congress, the measure gives the ANPD full control of its administrative and budgetary processes. Concerns were raised regarding the regulator's ties to Brazil's president when the ANPD was established. The ANPD said it is "more capable of prioritizing actions an... Read More

A resolution outlining internal regulations and processes for Brazil's National Council for the Protection of Personal Data and Privacy was filed in the Official Gazette. The CNPD will be responsible for the oversight of Brazil's data protection authority, the Autoridade Nacional de Proteção de Dados, which will include proposing strategic guidelines for the ANPD's work, suggesting actions to the regulator and performing annual evaluations. The council will also facilitate studies, debates and p... Read More

Brazil's data protection authority, the Autoridade Nacional de Proteção de Dados, released an updated version of its guidance on definitions of data processing agents and data protection officers. The guidance includes revisions on concepts for controllers, joint controllers, processors, subprocessors and DPOs, as well as practical examples of each role. The ANPD said the updates work to clear up "issues that have generated the most doubts" among those covered by the law.Full Story... Read More

The ombudsman of Brazil’s data protection authority, the Autoridade Nacional de Proteção de Dados, presented its first annual management report for 2021. Among other things, the ombudsman is responsible for questions related to the ANPD’s implementation of the Brazilian General Data Protection Law. “Efforts have been made to make citizens’ demands materialize in products and information useful to all stakeholders and affected personal data protection legislation,” the report said, adding the omb... Read More