Art. 55 - (vetoed)Art. 56 - (vetoed)Art. 57 - (vetoed)Art. 58 - (vetoed)Art. 59 - (vetoed)
XVI – shared use of data: communication, dissemination, international transfer, interconnection of personal data or shared processing of banks of personal data by public agencies and entities, in compliance with their legal competences, or between these and private entities, reciprocally, with specific authorisation, for one or more types of processing allowed by these public entities, or among private entities;
XIX – national authority: body of the indirect public administration responsible for supervising, implementing and monitoring the compliance with this Law.
X – accountability: demonstration by the agent of the adoption of measures which are efficient and capable of proving the compliance with the rules of personal data protection, including the efficacy of such measures.
II – for compliance with a legal or regulatory obligation by the controller;
§2 The burden of proof is on the controller to show that consent was obtained in compliance with the provisions of this Law.
a) controller’s compliance with a legal or regulatory obligation;
I – compliance with a legal or regulatory obligation by the controller;
IV – anonymisation, blocking or deletion of unnecessary or excessive data or data processed in noncompliance with the provisions of this Law;
§2 The data subject may oppose the processing carried out based on one of the situations of waiver of consent, if there is noncompliance with the provisions of this Law.
The national authority may request, at any time, that entities of the public authority carry out operations of processing of personal data, specific report about the scope and nature of the data and other details of the processing, and may issue complementary technical opinion to ensure compliance with this 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;
§4 Acts carried out by certification entities may be reviewed by the national authority and, if they are not in compliance with this Law, submitted for revision or voided.
§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.
a) demonstrate the controller’s commitment to adopt internal processes and policies that ensure broad compliance with rules and good practices regarding the protection of personal data;
II – demonstrate the effectiveness of her/his privacy governance program when appropriate and, especially, at the request of the national authority or other entity responsible for promoting compliance with good practices or codes of conduct, which, independently, promote compliance with this Law.
The amount of daily fines applied to infractions of this Law shall be subject to the severity of the infraction and the extent of the damage or losses caused, and with grounded reasoning by the national authority. Sole paragraph. The notice of imposition of a daily fine shall contain, as a minimum information, the description of the obligation being imposed, the reasonable timeframe stipulated by the body for compliance and the amount of the daily fine to be applied for non-compliance.
The national authority and the Anísio Teixeira National Institute for Educational Studies and Research (Inep), within the scope of their competences, shall enact specific regulations for accessing data processed by the Union for compliance with the provisions of §2 of Art. 9 of Law No. 9,394, of December 20, 1996 (the “Directive and Bases of National Education Act”), and those relating to the National Higher Education Evaluation System (Sinaes), as provided in Law No. 10,861, of April 14, 2004.