Tech Roundup: The end of the Data Protection Law soap opera?

You’re reading The Brazilian Report’s weekly tech roundup, a digest of the most important news on technology and innovation in Brazil. This week’s topics: the long path to enforce a new data protection law, Brazil’s connected city woes, and the unprecedented boost for e-commerce. 

Two years on, data protection law to go live. What now?

After two years of hemming and hawing, Brazil’s Congress has finally approved the new General Data Protection Law (LGPD), which will come into force within two weeks. However, legal battles surrounding the regulations are far from over, and there is much to be done before sanctions may be applied in 2021.

ANPD. Soon after Congress’ decision, President Jair Bolsonaro issued a decree finally creating the National Data Protection Agency (ANPD), which will serve as the watchdog and sanctioning body for the LGPD. However, experts complain that the new regulator may suffer from a severe lack of autonomy. 

Breaking it down. According to lawyer and Digital Law specialist Alisson Possa, the main problem is that the president will be able to remove members of the ANPD board by way of administrative procedures. 

• “The main problem is not in the nomination process, as board members are appointed by the president, but approved by the Senate. The problem is in removing them: the president can strip a board member from his/her job and put them on ‘trial’ following an administrative process. This gives too much power to the president,” he tells The Brazilian Report.
• Experts point out that the ANPD will not be a standalone agency, being subject to the President’s Office, thus diminishing its independence.

More to come. Besides the LGPD, organizations from the sector support the...