Today's guest in our series of interviews with leading figures in the privacy and data protection market is Alan Campos Thomaz. 

Alan is a partner at Campos Thomaz Advogados, with 15 years of experience in private practice. He has expertise in many areas that influence the technology sector, such as venture capital/M&A in technology, internet regulation, content moderation and social media, fintech, privacy and data protection, artificial intelligence, gaming, extended reality, blockchain, e-commerce, and SaaS. Alan has assisted important clients in the technology, banking, healthcare, and other sectors with litigation, transaction, and regulatory matters.
Check out the full interview below: 

How would you rate the progress made in privacy and data protection over the past five years?

The landscape of privacy and personal data protection around the world is constantly evolving, and the following advances can be observed in the last 5 years: (i) There has been an increase in the enactment, implementation, and regulation of data protection laws around the world; (ii) Greater investment by companies in measures and projects to comply with personal data protection laws; (iii) Increased public awareness of the value of their personal data.

In other words, there has been a significant cultural shift regarding privacy and data protection. Public awareness, along with the implementation of stricter regulations, has led to a more responsible and ethical approach to the collection and processing of personal data in global contexts. Companies are being encouraged to prioritize privacy as a core value and to adopt practices that respect the rights of individuals in an increasingly complex digital landscape.

What have been the main impacts of the LGPD (Brazilian General Data Protection Law) over the last five years since its implementation?

Since the publication of the General Data Protection Law (“LGPD”) on August 14, 2018, the topic of privacy and data protection has been gaining increasing prominence in the media. The word “LGPD” has certainly gained prominence in companies and is being used daily by employees in a significant portion of private sector companies.

What technological advancements or emerging trends do you believe could significantly influence the implementation and ongoing compliance with the LGPD (Brazilian General Data Protection Law) in the coming years?

The trend for the coming years is the automation of processes and services through the use of technologies and applications in all areas, such as the use of IoT (Internet of Things) technologies and artificial intelligence (AI). This can be a challenge for the implementation of the LGPD (Brazilian General Data Protection Law) in automated processes, considering the large amount of personal data involved in the training and improvement of these technologies.

From your perspective, what are the future expectations for the LGPD (Brazilian General Data Protection Law), considering possible changes, regulatory improvements, and developments in the field of digital privacy?

Given a dynamic scenario of technological evolution, future expectations for improving the LGPD involve: (i) the interrelation between the use of personal data and the regulation of artificial intelligence; (ii) filling regulatory gaps that still persist in the LGPD, such as regulations on data subject rights, international data transfer, and the interpretation of legal bases; (iii) an increase in the number of sanctions applied by the ANPD (National Data Protection Authority) in its supervisory and sanctioning role; (iv) greater emphasis on educating and raising awareness among individuals and companies about privacy and personal data protection, through awareness campaigns that can be carried out to inform citizens about their rights and to help organizations understand their obligations under the LGPD.

The future of privacy and data protection will be shaped by a complex interaction between technological advancements, regulatory improvements, and a growing global awareness of the importance of data protection. The challenge lies in balancing innovation with the protection of individual rights, seeking a harmonious approach that benefits both businesses and citizens.

Keep following our blog! Throughout August and September we will have more interviews with important names in the market, bringing their perspective on the trajectory of the LGPD (Brazilian General Data Protection Law) and next steps. Don't miss it!