Today we welcome guest Denise Tavares to continue the series of interviews celebrating 5 years of LGPD.
Denise is a founding partner of the law firm Denise Tavares Advocacia & Consultoria. She is a lawyer working in the areas of Privacy and Personal Data Protection, Technology and New Digital Businesses.
Check out the full interview with Denise Tavares:
How do you assess advances in privacy and data protection over the last five years?
I note that Brazil, in addition to the similarity of its legislation, is also following Europe’s lead in terms of progress on the subject. It began with the overseas data of professionals and the awareness of companies. This was followed by a more effective participation by the ANPD with the regulation of issues that were open in the LGPD. This year, with the start of the sanctioning and inspection processes, including the application of the first fine for non-compliance with the LGPD, companies have redoubled their attention to the subject and are seeking to adapt and maintain their privacy programs.
What have been the main impacts of the LGPD in the last five years since its implementation?
The LGPD has changed the way new reading contexts and forms of content operate. Currently, companies that have implemented a process to adapt to the LGPD have teams (committees or study groups) responsible for studying and supporting other areas in developing projects that assess the risks and impacts on privacy and data protection.
The main issues that require companies’ attention so far are third-party management (suppliers), data subject request management and privacy incident management.
What technological advances or emerging trends do you believe could significantly influence the implementation and ongoing compliance with the LGPD in the coming years?
The use of artificial intelligence and b2c fax actions through profiling have a strong relationship with privacy and data protection, and the impact is often still unknown or difficult to assess. The massive consumption of personal information when done irregularly is a risk to the LGPD.
From your perspective, what are the future expectations for the LGPD, considering possible changes, regulatory improvements and developments in the field of digital privacy?
There is no technological advancement without respect for privacy and data protection. I believe that in the coming years we will have an increasingly active Authority and more aware data subjects. Companies that are not yet convinced of the relevance of the topic may have major problems. The ANPD’s actions have been extremely important for the Brazilian scenario and reinforce the commitment to privacy and data protection, in addition to bringing greater legal certainty. In addition, I hope to see the definition of topics that are still pending regulation, such as the definition of legal deadlines for serving data subjects and reporting incidents and the requirements for international data transfer.
Leave a Reply