Last Monday, August 14th, the LGPD celebrated its fifth anniversary since its publication. 

Continuing our series of interviews with prominent figures in the Brazilian privacy landscape, we invited... Renato Opice Blum. 

Renato is a founding partner and chairman at Opice Blum Advogados. He is the Patron and Head of the Postgraduate Course in Digital Law and Data Protection at EBRADI. He holds a Master's degree from Florida Christian University, is a lawyer, economist, and coordinating professor of the Data Protection and Digital Law courses at Insper and of Law 4.0 at FAAP. Furthermore, he is President of the Brazilian Association for Data Protection, President of the Electronic Commerce Council of Fecomercio, President of the Permanent Legal Committee of EC Pinheiros, Director of the Technology Law Association, invited member of the Cybercrime Group of the Council of Europe, member of the European Privacy Association-Think Tank, member of the EuroPrivacy Council, and judge of the MIT Inclusive Innovation Challenge. Renato is the author of the books “LGPD – General Data Protection Law”, “Comments on the GDPR General Data Protection Regulation of the European Union”, “Electronic Law – The Internet and the Courts”, “Manual of Electronic Law and the Internet”, among others.

Below is an interview with Renato Opice Blum:

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

Privacy and data protection are increasingly gaining importance in national and international discussions. Six or seven years ago, the importance of protecting data in the virtual environment was not discussed. Today, with each new application or technological device released, people are raising concerns about whether the application or device violates privacy and personal data. The law has greatly helped spread this awareness, but what is noticeable is that people are, in fact, concerned about protecting themselves. Perhaps not the majority, but a good portion of internet users have understood the relevance of their data, how powerful it can be – for both positive and harmful uses – and how important it is to ensure it is at least minimally protected.

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

As mentioned in the previous section, companies are realizing that the culture of privacy and the protection of personal data is irreversible, while the rigor of the Law and the creation of a National Authority to regulate the area are strong instruments for understanding its importance. The LGPD (Brazilian General Data Protection Law) has promoted cultural changes in companies and, mainly, integration with various areas, such as labor, compliance, and digital security, for example.

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?

Technologies are variable, sudden, and irreversible. Today it would be difficult not to mention supervised programming languages ​​and machine learning, or, as it is commonly called, "Artificial Intelligence." Beyond technology, awareness and education of society are fundamental for adapting 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?

The expectation is that the LGPD (Brazilian General Data Protection Law) will become increasingly consolidated through repeated administrative decisions by the ANPD (National Data Protection Authority) and, when necessary, judicial decisions by the Courts and Superior Courts. The regulation already exists, so it is now necessary to raise public awareness and ensure legal certainty in the rules.

In short, the last five years have witnessed a remarkable transformation in the realm of privacy and data protection. What was once a secondary concern has become a central topic of discussion, and the growing awareness among people about the importance of protecting their personal data is evidence of a significant cultural shift. 

Keep following our blog.! AThroughout 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!