Law 13.853, which creates the National Data Protection Authority - ANPD and amends provisions of the General Data Protection Law - LGPD (Law 13.709/18), was sanctioned this Monday, July 8, 2019, with nine vetoes from President Jair Bolsonaro. The ANPD is the federal body responsible for regulating the protection of personal data and overseeing the procedures and compliance with the law, essential to the operation of the LGPD system. We highlight the vetoes:
- Automated decisions: there will be no obligation that the review of decisions made by algorithms must necessarily be performed by a natural person, which, according to the presidential veto, will be beneficial to start-ups and new business models;
- Access to Information Law: vetoed the prohibition of sharing data of applicants for access to public information with legal entities of private law, since, according to the President, such prohibition would negatively affect several activities and public policies;
- Data Protection Officer: legal-regulatory knowledge and the guarantee of autonomy in exercising the position will not be required by law for the Officer - which, in any case, is still advisable due to the nature of the function - and there is also no single Officer for the same economic group;
- Fees: there is no longer any provision for fees to fund services provided by the ANPD, which is more dependent on the Federal budget for its activities; and
- Sanctions: the veto returns the possible punishments for breach of the LGPD to those provided for in the original text, i.e., there will be no penalties of suspension and prohibition of the use of databases, nor prohibition of the exercise of activities involving data processing, on the grounds of not creating insecurity or making economic activities impossible.
Remained in the text of the law provisions that facilitate the sharing of certain public data also data relating to health. The vetoes can be revised by Congress. The votes of more than 200 deputies and 41 senators are required to modify them.
