On May 27th, Privacy Tools held a free online event on the LGPD (Brazilian General Data Protection Law) and fraud prevention. The event featured guests Fabricio da Mota Alves (Lawyer and Professor of Data Protection), Sergio Moro (Executive Director of Alvarez & Marsal Disputes and Investigations), and Paulo Baldin (Senior Manager of Alvarez & Marsal Disputes and Investigations – Cyber Risk). The discussion was moderated by Aline Deparis, CEO of Privacy Tools.
To summarize the event and further reinforce the ideas that the guests brought, check out some of the insights:
Privacy in the home office
“Companies’ internal policies will have to be a little more rigorous,” reinforced Paulo Baldin. The manager of Alvarez & Marsal Disputes and Investigations comments that it is becoming increasingly common for employees to use company computers for personal purposes, especially at home. The warning to the company is not to open personal documents stored on these machines, such as medical records, among others.
“Employees will think a little more about whether or not they should put personal information on the computer,” he pondered. On the other hand, the law reinforced practices that had already been advocated by professionals in the field well before it was approved. “The LGPD brought many mechanisms that information security teams wanted to implement before,” said Baldin.
We imported the law, but not the culture.
Lawyer Fabricio da Mota Alves emphasized that there is a difference between Brazil and the United Kingdom, which created the GDPR, a regulation that inspired the LGPD.Our system still has shortcomings regarding the guidelines from the regulatory authority."We imported the legislation from Europe, but we didn't import the culture, we didn't prepare the ground."
Alves emphasizes that the volume of data processed in the country is large and that there needs to be guidance regarding the ideal processing methods to comply with the law. “We all carry out data processing activities. All of us, at all levels of society. The law has come into effect and we don't have formal guidance on how to proceed.”
Gradually, more companies are emerging to assist in this process of data protection and privacy. The lawyer recalled the role of IDtechs, digital identity startups. "I believe that using an intermediary, such as companies that perform validation processes, is a way to avoid headaches." There are several IDTechs that help to mitigate some of the risks.”, He stated.
Private corruption vs. privacy
Another topic debated when discussing fraud and personal data is the investigation of corruption within companies. Sergio Moro, Executive Director of Alvarez & Marsal Disputes and Investigations, pointed out that there is no specific legislation on the subject.
“We don’t generally have a crime of private corruption in Brazil. There are some countries that do, the most notable example being the United Kingdom, which criminalizes private bribery. (…) In Brazil, I have never seen anyone convicted of this crime. Our authorities have many priorities. It’s something to discuss, whether we should have a law of this kind.” Ideally, we should conduct business relationships in an environment of integrity."It's good for everyone. It's a discussion that belongs in the National Congress," he stated.
A culture of integrity has also emerged as a path forward for Brazilian companies. “It’s important that we develop a culture of compliance. Compliance in the area of integrity has emerged very strongly in recent years. A culture of integrity in the area of corruption will emerge in Brazil, regardless of whether we wait for political reform or a change in culture in the public sector,” said Moro.
The use of personal data in investigations conducted in the private sphere is also questioned.Why, when conducting a bribery investigation within a company, is it necessary to have personal data of the person being investigated that is unrelated to the investigation? (…) We have to think about some old problems from a new perspective,” he questioned.
To watch the entire event, access the video at [link to video]. Privacy Tools YouTube channel.
