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.
c) state security; or
VII – security: use of technical and administrative measures which are able to protect personal data from unauthorised accesses and accidental or unlawful situations of destruction, loss, alteration, communication or dissemination; VIII – prevention: adoption of measures to prevent the occurrence of damages due to the processing of personal data;
§3 The national authority may provide for standards and techniques to be used in processes of anonymisation, and carry out security checks, with opinions from the National Board for the Protection of Personal Data.
When carrying out public health studies, research entities may have access to personal databases, which shall be processed exclusively within the entity and strictly for the purpose of carrying out studies and research and shall be kept in a controlled and secure environment, in accordance with security practices provided in specific regulation and that include, whenever possible, anonymisation or pseudonymization of the data, as well as taking into account the proper ethical standards related to studies and research.
§2 The research entity shall be liable for the security of the information provided in the lead sentence of this article, and it is forbidden, under no circumstances, to transfer the data to a third party.
IV – the adoption of security measures as provided in regulation;
The national authority may determine that the controller must prepare an impact report on protection of personal data, including sensitive data, referring to its data processing operations, pursuant to regulations, subject to commercial and industrial secrecy. Sole paragraph. Subject to the provisions of the lead sentence of this article, the report must contain at least a description of the types of data collected, the methodology used for collection and for ensuring the security of the information, and the analysis of the controller regarding the adopted measures, safeguards and mechanisms of risk mitigation.
The national authority may provide standards of interoperability for purposes of portability, free access to data and security, as well as regarding time records must be kept, especially in view of the need and the transparency.
Processing of personal data shall be irregular when it does not obey the legislation or when it does not provide the security that its data subject can expect of it, considering the relevant circumstances, among which are:
III – the techniques for processing personal data available at the time it was done. Sole paragraph. The controller or the processor who neglect to adopt the security measures provided in Art. 46 of this Law shall be held liable for the damages caused by the violation of the security of the data that caused the damage.
Processing agents shall adopt security, technical and administrative measures able to protect personal data from unauthorised accesses and accidental or unlawful situations of destruction, loss, alteration, communication or any type of improper or unlawful processing.
Processing agents or any other person that intervenes in one of the processing phases undertake to ensure the security of the information as provided in this Law regarding personal data, even following conclusion thereof.
The controller must communicate to the national authority and to the data subject the occurrence of a security incident that may create risk or relevant damage to the data subjects.
III – an indication of the technical and security measures used to protect the data, subject to commercial and industrial secrecy;
The systems used for processing personal data shall be structured in order to meet the security requirements, standards of good practice and governance, general principles provided in this Law and other regulatory rules.
Controllers and processors, within the scope of their competences, concerning processing of personal data, individually or in associations, may formulate rules for good practice and governance that set forth conditions of organisation, a regime of operation, procedures, including for complaints and petitions from data subjects, security norms, technical standards, specific obligations for the various parties involved in the processing, educational activities, internal mechanisms of supervision and risk mitigation and other aspects related to the processing of personal data.
