Continuing our campaign celebrating 5 years of the LGPD (Brazilian General Data Protection Law) with a series of interviews featuring leading figures in the privacy and data protection market, we invited Henrique Fabretti.
Henrique is a partner at Opice Blum Advogados Associados, a lawyer, professor, and speaker in the area of Privacy and Data Protection. He is a member of the publications advisory board of the International Association of Privacy Professionals (IAPP), where he also served as chair of Knowledge.net in the 2019-2020 biennium. He holds the CIPP/E, CIPM, CDPO/BR, and FIP certifications from the IAPP, as well as the CDPSE certification from ISACA. He is the coordinator and co-author of the book Data Protection Officer. He is recognized as one of the most admired lawyers in Digital Law in the country by Análise Advocacia 500.
Check out the full interview with Henrique Fabretti:
How would you rate the progress made in privacy and data protection over the past five years?
We have seen a clear evolution in discussions in Brazil, which includes increased maturity in organizations, data protection professionals within companies, increased awareness among executives, etc. There is still a long way to go, but the progress we have made so far leaves us very optimistic about the future of this issue in our country.
What have been the main impacts of the LGPD (Brazilian General Data Protection Law) over the last five years since its implementation?
To focus on just two points: data governance and ethics, and information security. Until then, the first point was almost nonexistent. There were almost no organizations focused on defining roles and responsibilities, risk assessment, internal policies, etc., regarding the use of data (personal or otherwise) internally. Today, it's a topic of discussion from the operational level, back office, all the way to executives. Information security is another area that seems to have gained additional momentum with the LGPD (Brazilian General Data Protection Law). Of course, it has always been an extremely important and strategic topic for companies. However, discussing the obligation of personal data security as a regulatory necessity, as well as the obligation to notify incidents (on certain occasions) to the ANPD (National Data Protection Authority), has helped to boost investments in the area.
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?
There is a clear trend towards using PETs (Privacy Enhancing Technologies) as the main element for extracting more value from personal data, without compromising compliance with data protection regulations. The topic is still new worldwide and in its early stages in Brazil, but it is certainly a medium- to long-term trend.
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?
I don't foresee any significant changes to the text of the law in the near future. However, we have a number of issues that will be brought to light by the ANPD's regulatory process, such as the role of the data protection officer and governance programs and sectoral best practices (article 50 of the LGPD) and the actions of enforcementThese are just a few examples, which should have a significant impact on companies' privacy programs and require rapid adaptation by the market.
The journey of the LGPD (Brazilian General Data Protection Law) and data protection in Brazil is marked by substantial achievements grounded in crucial principles of governance, ethics, and security.
So far, the trajectory has inspired confidence in the future, and emerging trends are pointing towards a path of continuous development and innovation.
Keep following our blog! Throughout September, we will be featuring more interviews with important names in the market. Don't miss out!
