Today we welcome guest Denise Tavares to continue our series of interviews commemorating the 5th anniversary of the LGPD (Brazilian General Data Protection Law).
Denise is a founding partner of the law firm Denise Tavares Advocacia & Consultoria. She is a practicing lawyer in the areas of Privacy and Personal Data Protection, Technology, and New Digital Businesses.
Check out the full interview with Denise Tavares:
How would you rate the progress made in privacy and data protection over the past five years?
I observe that Brazil, in addition to the similarity of its legislation, is also following the European path regarding advancements on this topic. It began with the specialization of professionals and increased awareness among companies. Subsequently, there was a more effective participation of the ANPD (National Data Protection Authority) with the regulation of issues that were open in the LGPD (Brazilian General Data Protection Law). This year, with the start of sanctioning and inspection processes, including the application of the first fine for non-compliance with the LGPD, companies have redoubled their attention to the matter and are seeking to adapt and maintain their privacy programs.
What have been the main impacts of the LGPD (Brazilian General Data Protection Law) over the last five years since its implementation?
The LGPD (Brazilian General Data Protection Law) has changed the way businesses operate. Currently, companies that have implemented a process to comply with the LGPD have teams (committees or study groups) responsible for studying and supporting other areas in the development of projects that assess the risks and impacts on privacy and data protection.
The main issues that have demanded companies' attention so far are third-party (supplier) management, data subject request management, and privacy incident management.
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 use of artificial intelligence and personalized actions through profiling are strongly related to privacy and data protection, and the impact is often still unknown or difficult to assess. The massive consumption of personal information when done irregularly poses a risk to the LGPD (Brazilian General Data Protection Law).
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?
There is no technological advancement without regard for privacy and data protection. I believe that in the coming years we will have an increasingly active Authority and more aware data subjects. Companies that are not yet convinced of the relevance of the topic may face significant problems. The ANPD's actions have been extremely relevant to the Brazilian scenario and reinforce the commitment to privacy and data protection, in addition to providing greater legal certainty. Furthermore, I hope to see the definition of issues that are still pending regulation, such as the definition of legal deadlines for responding to data subjects and notifying incidents, and the requirements for international data transfer.
The journey so far demonstrates the growing importance of awareness and action in favor of compliance with the LGPD (Brazilian General Data Protection Law).
Companies have been striving to maintain robust privacy programs, from the specialization of professionals to the more active role of the ANPD (National Data Protection Authority).
The Brazilian experience reflects a continuous search for balance between technological innovation and respect for individual spheres of privacy. In this way, it shapes a scenario that has the potential to evolve positively and sustainably.
Keep following our blog! Throughout August and September, we'll have more interviews with important names in the privacy market. Don't miss out!
