Renato is a founding partner and chairman of Opice Blum Advogados. He is the Governing Patron of the postgraduate course in Digital Law and Data Protection at EBRADI. President of the Permanent Legal Committee of EC Pinheiros, Director of the Technology Law Association, guest member of the Cybercrimes Group of the Council of Europe, member of the European Privacy Association-Think Tank, member of the Board of EuroPrivacy, and judge of the Inclusive Innovation Challenge at MIT. Renato is the author of the books “LGPD – Lei Geral de Proteção de Dados” (LGPD – General Data Protection Law), “Comments on the GDPR General Data Protection Regulation of the European Union”, “Direito Eletrônico – A Internet e os Tribunais” (Electronic Law – The Internet and the Courts), “Manual de Direito Eletrônico e Internet” (Electronic Law and the Internet Manual), among others.
Check out the interview with Renato Opice Blum below:
How do you assess advances in privacy and data protection over the last five years?
Privacy and data protection are increasingly gaining an important place in national and international discussions. About six or seven years ago, there was no talk about the importance of protecting data in a virtual environment. Today, with every new telegram data or technological device that comes out, people have been alerted to question whether or not the application or device in question violates privacy and personal data. The Law has greatly helped spread this culture, but what we can see is that people are, in fact, concerned about protecting themselves. Perhaps not the majority, but a good portion of Internet users understand the relevance of their data, how powerful it can be – for both positive and harmful uses, and how important it is to ensure that it is kept to a minimum.
What have been the main impacts of the LGPD in the last five years since its implementation?
Companies realize, as stated in the previous item, that the culture of privacy and the protection of personal data is irreversible, while the choose the right attribution models of the Law and the creation of a National Authority to regulate the area are strong instruments for understanding its importance. The LGPD has promoted cultural changes in companies and, mainly, integration with several areas, such as labor, compliance and digital security, for example.
What technological advances or emerging trends do you believe could significantly influence the implementation and ongoing compliance with the LGPD in the coming years?
Technologies are variable, sudden and irreversible. Today it would be difficult not to mention programming languages and b2c fax learning or, as they are commonly, “Artificial Intelligence”. In addition to technology, it is essential to raise awareness and educate society so that it can adapt 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?
The perspective is that the LGPD will increasingly solidify, through repeated administrative decisions by the ANPD and, when necessary, judicial decisions by the Courts and Superior Courts. The regulation already exists, so it is now necessary for the population to be aware and for there to be legal certainty in the rules.
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