The year 2021 was marked by several issues, such as the pandemic, vaccination, political issues, and amidst all of this, privacy and data protection. It was also the year that marked the beginning of sanctions stemming from the LGPD (Brazilian General Data Protection Law) and represented a race against time for companies to comply with the law. But what does the future hold for us?

Privacy Tools, in its latest online event, addressed the topic of "The Future of Privacy".

This event took place on December 7th and was presented by Aline Deparis (Privacy Tools), with guests Reges Bronzatti (Guiar Consultoria), Luiza Sato (ASBZ Advogados), Chiara Tonin (KPMG), and Thiago Sombra (Mattos Filho).

Expectations for small business regulations

Luiza Sato begins with a lecture on the landmark events in the LGPD (Brazilian General Data Protection Law) landscape, from the impacts of the new regulations worldwide, scams perpetrated via WhatsApp and PIX (Brazil's instant payment system), to issues involving ways to implement the law in Brazilian companies.

She quotes the following: “We are eagerly awaiting, hopefully very soon, this resolution on data protection and privacy for small and medium-sized enterprises, startups, and individuals who process personal data for economic purposes. We hope this will be released soon. The rule on the dosage of sanctions is also very important for us to have legal certainty in the application of administrative sanctions…”

What to expect for 2022

Aline begins the conversation by questioning Luiza about the importance of ANDP and the government in controlling and disseminating the LGPD (Brazilian General Data Protection Law), and about the responsibility of those involved in the process. Luiza then speaks about the importance of cooperation from everyone involved in the company and how beneficial it would be to implement actions focused on successes, in order to encourage good practices.

“How interesting it would also be if we started to have a vision of encouraging good, instead of simply punishing bad, and how great that would be within companies as well. So we need to change this sanctioning mentality, of punishing bad, and try to favor good, making it worthwhile. And I think that's very important in raising awareness within companies, and it's also the government's role to try to create a structure so that we can encourage good, so that privacy and data protection flourish in a genuine, positive way,” says Luiza.

Following the chat schedule, Aline asks Chiara what she considers important to highlight and what her expectations are for 2022. Chiara then talks about the importance of the company appointing a DPO and discusses the sector's expectations for the coming year.

“Regarding expectations about the authority's actual enforcement, it's worth highlighting the educational aspect that the ANPD (National Data Protection Authority) has emphasized in all discussions, interviews, and debates we've had with the staff, always focusing on the cultural and educational side. So we have a plan, the regulations for oversight, outlining the steps for applying sanctions, the requirement for a plan, and the enforcement of that plan…”.

Aline then follows up the conversation by asking Thiago how people's knowledge on the subject has evolved, and about the creation of public policies aimed at addressing it, and he says that making companies aware of the importance of the issue is not something that happens overnight.

"Brazil has fallen behind in this debate. It's fallen behind because we have laws and a whole cultural development in other countries, from many years ago. They won't be able to correct this entire process in a year or two. This is a process that takes time, it requires the involvement not only of public authorities, but especially of the companies themselves, and also of employers."

Technological Evolution and Privacy

Following the conversation, Reges talks about technological evolution and its relationship with privacy, concluding: “Basically, Artificial Intelligence, NFT, metaverse, will demand a series of new regulations that will connect to GDPR, LGPD, and other legislation, which will give us some guidance to try to deal with the paradoxes.”

The paradoxes that humankind has created, because humankind creates these paradoxes based on its prejudices. Humankind is full of prejudices.

And then, when he takes that prejudice to the digital world, that's when we have a problem, because when he hears someone say that he doesn't have data and that he doesn't need the LGPD (Brazilian General Data Protection Law), that's prejudice.

"He has a bias against his own business because he doesn't know how his own business works, he doesn't know how he acquires clients, he doesn't know how he closes a deal."

Check all events

All previous broadcasts, as well as the full "Future of Privacy," are available on Privacy Tools Youtube channel.