Art. 1 - This Law provides for the processing of personal data, including by digital means, by a natural person or a legalArt. 2 - The discipline of personal data protection is grounded on the following:Art. 3 - This Law applies to any processing operation carried out by a natural person or a legal entity of public orArt. 4 - This Law does not apply to the processing of personal data that:Art. 5 - For purposes of this Law, the following definitions apply:Art. 6 - Activities of processing of personal data shall be done in good faith and be subject to the following principles:
Section I - Requirements for the Processing of Personal Data
Art. 7 - Processing of personal data shall only be carried out under the following circumstances:Art. 8 - The consent provided in Item I of Art. 7 of this Law shall be given in writing or by anotherArt. 9 - The data subject has the right to facilitated access to information concerning the processing of her/his data, which much beArt. 10 - Controller’s legitimate interest can only be grounds for processing personal data for legitimate purposes, based on particular situations, which includeSection II - Processing of Sensitive Personal Data
Art. 11 - The processing of sensitive personal data shall only occur in the following situations:Art. 12 - anonymised data shall not be considered personal data, for purposes of this Law, except when the process of anonymisation toArt. 13 - When carrying out public health studies, research entities may have access to personal databases, which shall be processed exclusively withinSection III - Processing of Children and Adolescents’ Personal Data
Art. 14 - The processing of personal data belonging to children and adolescents shall be done in their best interest, pursuant to thisSection IV - Termination of Data Processing
Art. 15 - The processing of personal data shall be terminated under the following circumstances:Art. 16 - Personal data shall be deleted following the termination of their processing, within the scope and technical limits of the activities,Art. 17 - All natural person is assured ownership of her/his personal data, with the fundamental rights of freedom, intimacy and privacy beingArt. 18 - The personal data subject has the right to obtain the following from the controller, regarding the data subject’s data beingArt. 19 - Confirmation of the existence of or access to personal data shall be provided by means of request by the dataArt. 20 - The data subject has the right to request review, by a natural person, of decisions taken solely on the basesArt. 21 - Personal data concerning the regular exercise of rights by the data subject cannot be used to her/his detriment.Art. 22 - The defence of the interests and rights of data subjects may be carried out in court, individually or collectively, as
Section I - Rules
Art. 23 - Processing of personal data by legal entities of public law referred to in sole paragraph of Art. 1 of LawArt. 24 - Public companies and mixed-capital companies that operate in the competing market, subject to the provisions of Art. 173 of theArt. 25 - Data shall be kept in an interoperable format and structured for shared use intended for the execution of public policies,Art. 26 - The shared use of personal data by public authorities shall fulfill the specific purposes of execution of public policies andArt. 27 - Communication or shared use of personal data from a legal entity of public law to a legal entity of privateArt. 28 - (vetoed)Art. 29 - The national authority may request, at any time, that entities of the public authority carry out operations of processing ofArt. 30 - The national authority may establish complementary rules for communication or shared used of personal data activities.Section II - Accountability
Art. 31 - When there is an infringement of this Law as a result of personal data processing by public agencies, the nationalArt. 32 - The national authority may request agents of the public authorities to publish impact reports on protection of personal data andArt. 33 - International transfer of personal data is only allowed in the followingArt. 34 - The level of data protection in the foreign country or international organisation referred to in Item I of the leadArt. 35 - The definition of the content of standard contractual clauses, as well as the verification of specific contractual clauses for aArt. 36 - Changes to guarantees presented as sufficient for compliance with the general principles of protection and of the data subject’s rights
Section I - Controller and Processor
Art. 37 - The controller and the processor shall keep records of personal data processing operations carried out by them, especially when basedArt. 38 - The national authority may determine that the controller must prepare an impact report on protection of personal data, including sensitiveArt. 39 - The processor shall carry out the processing according to the instructions provided by the controller, which shall verify the obedienceArt. 40 - The national authority may provide standards of interoperability for purposes of portability, free access to data and security, as wellSection II - Data Protection Officer
Art. 41 - The controller shall appoint an officer to be in charge of processing personal data. §1 The identity and contact informationSection III - Liability and Loss Compensation
Art. 42 - The controller or the processor that, as a result of carrying out their activity of processing personal data, cause material,Art. 43 - Processing agents shall only not be held liable when they prove that:Art. 44 - Processing of personal data shall be irregular when it does not obey the legislation or when it does not provideArt. 45 - When there is violation of data subject’s right in the scope of consumer relations, the rules of liability provided inSection I - Security and Secrecy of Data
Art. 46 - Processing agents shall adopt security, technical and administrative measures able to protect personal data from unauthorised accesses and accidental orArt. 47 - Processing agents or any other person that intervenes in one of the processing phases undertake to ensure the security ofArt. 48 - The controller must communicate to the national authority and to the data subject the occurrence of a security incident thatArt. 49 - The systems used for processing personal data shall be structured in order to meet the security requirements, standards of goodSection II - Good Practice and Governance
Art. 50 - Controllers and processors, within the scope of their competences, concerning processing of personal data, individually or in associations, may formulateArt. 51 - The national authority shall encourage the adoption of technical standards that facilitate data subjects’ control of their personal data.Section I - Administrative Sanctions
Art. 52 - Data processing agents that commit infractions of the rules provided in this Law are subject to the following administrative sanctions,Art. 53 - The national authority shall define the methodologies that will be used for the calculation of the base value for fines,Art. 54 - The amount of daily fines applied to infractions of this Law shall be subject to the severity of the infractionSection I - The National Authority for Protection of Data (“ANPD”)
Art. 55 - (vetoed)Art. 56 - (vetoed)Art. 57 - (vetoed)Section II - The National Board for the Protection of Personal Data and Privacy
Art. 58 - (vetoed)Art. 59 - (vetoed)Art. 60 - Law No. 12,965, of April 23, 2014 (the “Brazilian Internet Law”), shall henceforth contain the following alterations: “Art. 7 …Art. 61 - The foreign company shall be notified and summonsed of all procedural acts provided in this Law, irrespective of power ofArt. 62 - The national authority and the Anísio Teixeira National Institute for Educational Studies and Research (Inep), within the scope of theirArt. 63 - The national authority shall establish rules on the progressive suitability of databases established up to the date this Law comesArt. 64 - The rights and principles expressed in this Law do not exclude others provided in the Brazilian legal system related toArt. 65 - This Law shall come into force eighteen (18) months following its official publication.
This Law provides for the processing of personal data, including by digital means, by a natural person or a legal entity of public or private law, with the purpose of protecting the fundamental rights of freedom and privacy and the free development of the personality of the natural person.
VII – human rights, free development of personality, dignity and exercise of citizenship by natural persons.
§1 Processing of personal data as provided in Item III shall be governed by specific legislation, which shall provide proportional and strictly necessary measures for fulfilling the public interest, subject to due legal process, the general principles of protection and the rights of the data subjects as provided in this Law.
XVII –impact report on protection of personal data: documentation from the controller that contains the description of the proceedings of processing of the personal data that could generate risks to civil liberties and fundamental rights, as well as measures, safeguards and mechanisms to mitigate the risk;
V – when necessary for the execution of a contract or preliminary procedures related to a contract of which the data subject is a party, at the request of the data subject; VI – for the regular exercise of rights in judicial, administrative or arbitration procedures, the last pursuant to Law No. 9,307, of September 23, 1996 (the “Brazilian Arbitration Law”);
IX – when necessary to fulfil the legitimate interests of the controller or a third party, except when the data subject’s fundamental rights and liberties which require personal data protection prevail; or
§4 The consent requirement provided in the lead sentence of this article is waived for data manifestly made public by the data subject, safeguarding the rights of the data subject and the principles provided in this Law.
§6 Any eventual waiver of the consent requirement does not release processing agents from the other obligations provided in this Law, especially that of obeying the general principles and guarantees of the data subject’s rights.
VII – the data subject’s rights, with explicit mention of the rights provided in Art. 18 of this Law.
§3 When the processing of personal data is a condition for the provision of a product or service or for the exercise of a right, the data subject shall be informed with special highlight of this fact and of the means by which she/he may exercise her/his data subject’s rights as listed in Art. 18 of this Law.
II – protection of data subject’s regular exercise of her/his rights or provision of services that benefit her/him, subject to her/his legitimate expectations and fundamental rights and freedoms, in accordance with this Law.
d) the regular exercise of rights, including in a contract and in a judicial, administrative and arbitration procedure, the last in accordance with the terms of Law No. 9,307, of September 23, 1996 (the “Brazilian Arbitration Law”);
g) ensuring the prevention of fraud and the safety of the data subject, in processes of identification and authentication of registration in electronic systems, respecting the rights mentioned in Art. 9 of this Law and except when fundamental rights and liberties of the data subject which require protection of personal data prevail.
§2 When processing data as mentioned in §1 of this article, controllers shall make public the information about the types of data collected, the way it is used and the procedures for exercising the rights referred to in Art. 18 of this Law.
All natural person is assured ownership of her/his personal data, with the fundamental rights of freedom, intimacy and privacy being guaranteed, under the terms of this Law.
§3 The rights provided in this article shall be exercised by means of express request by the data subject or her/his legally constituted representative to the processing agent.
Personal data concerning the regular exercise of rights by the data subject cannot be used to her/his detriment.
The defence of the interests and rights of data subjects may be carried out in court, individually or collectively, as provided in pertinent legislation regarding the instruments of individual and collective protection.
§3 The time periods and procedures for exercising data subjects’ rights before the public authorities shall obey the provisions of specific legislation, especially the provisions of Law No. 9,507, of November 12, 1997 (the “Brazilian Habeas Data Law”), of Law No. 9,784, of January 29, 1999 (the “Federal Administrative Procedure Law”), and of Law No. 12,527, of November 18, 2011 (the “Brazilian Access to Information Law”).
II – when the controller offers and proves guarantees of compliance with the principles and the rights of the data subject and the regime of data protection provided in this Law, in the form of:
III – the compliance with the general principles of personal data protection and data subjects’ rights as provided in this Law;
V – the existence of judicial and institutional guarantees for respecting the rights of personal data protection; and
§1 To verify the provision of the lead sentence of this article, requirements, conditions and minimum guarantees for the transfer that obey the rights, guarantees and principles of this Law must be considered.
§5 Guarantees sufficient for compliance with the general principles of protection and data subject’s rights referred to in the lead sentence of this article shall also be analysed in accordance with the technical and organisational measures adopted by the processor, according to the provisions of §§1 and 2 of Art. 46 of this Law.
Changes to guarantees presented as sufficient for compliance with the general principles of protection and of the data subject’s rights referred to in Item II of Art. 33 of this Law shall be communicated to the national authority.
§2 The national authority shall verify the seriousness of the incident and may, if necessary to safeguard the data subjects’ rights, order the controller to adopt measures, such as:
I – the severity and the nature of the infractions and of the personal rights affected;
The rights and principles expressed in this Law do not exclude others provided in the Brazilian legal system related to the matter or in international treaties to which the Federative Republic of Brazil is a party.
