The year 2022 began with privacy and data protection on the rise. We have witnessed numerous movements worldwide seeking to develop laws that protect users' personal data. Every year since 2017, the IAPP (International Association of Privacy Professionals) has published a report with Global Legislative Predictions, highlighting global developments in privacy governance.
Brazil was in the spotlight in 2021, with news from The privacy landscape under the LGPD (Brazilian General Data Protection Law). which put the sanctions on the agenda in August, and the Data Privacy Amendment, enacted as a fundamental right in the Constitution.
Globally, we had China, which approved last year the Personal Information Protection ActThis law, which came into effect on November 1st, has already caused controversy, as it established a series of rules that both Chinese companies and companies from other countries operating in China will need to follow.
Among the sanctions under Chinese law are:
- Before transferring any data or appointing privacy representatives, companies will have to undergo a security assessment by Chinese regulators.
- The penalty for violating the law can be up to 5% of annual revenue, in addition to the revocation of operating licenses.
- Personal penalties against executives may also be applied.
- Other types of infractions may be reviewed by the PRC committee.
Following the global trend of privacy, India is now seeking, through the Privacy Policy (PDP), to be on an equal footing with developed markets. The PDP, which is also based on the GDPR, is still under review, but the expectation is that... Data Protection Authority It must be active within six months, and all provisions of the Bill must be implemented within 24 months.
Check out some highlights from this year's Global Legislative Forecasts Report.
● Australia
Australia launched an exhibition project last year, entitled Online Privacy LawThis would allow for the linking of an online privacy code to social media and other online platforms. Following this, the industry would have 12 months to develop this code.
In October 2021, the government released a discussion document containing proposals and options for modernizing the Privacy Law, Some of these proposals are inspired by European Union laws.The release of a draft with the amended Privacy Act will follow the review report, likely in the second half of 2022 or in 2023.
For this year we can expect the introduction of the Privacy Legislation Amendment (enhancing the online privacy bill and other measures) and further progress in the Australian government's review of the Privacy Act.
● Belgium
The year 2021 highlighted the need to reshape the Belgian data protection authorityBecause, as it currently stands, it allows members from outside the organization to occupy key positions in the DPA and elsewhere, raising concerns about potential conflicts of interest.
In January, Belgium announced changes to strengthen the independence of DPA members, so a new law is expected this year.
● Brazil
After starting with the application of sanctions resulting from violations of the LGPD (Brazilian General Data Protection Law)and to enact the Amendment to the Constitution, The next big news in Brazil could come from agribusiness., which has been pushing for a sector-specific bill for "data farming," however, there is still much room for debate on this subject.
Furthermore, the ANPD's 2022 agenda includes issuing regulations on the rights of data subjects, the appointment and roles of data protection officers, international data, data transfers, and the legal basis for data processing. However, the ANPD has not yet issued regulations on some highly anticipated criteria, such as the calculation of monetary fines, which were not foreseen in the administrative process.
Furthermore, countries such as Ireland, Greece, Finland, Denmark, and others also have their own agendas regarding the landscape of personal data protection. You can check out the full report. here.
