The Provisional Measure No. 869/2018 (MP No. 869), which amends certain aspects of the General Data Protection Regulation (Law No. 13,709/2018 or LGPD), is still valid until June 3, 2019, and now it will be submitted to the deliberation of both House of Representatives and Federal Senate as Bill of Conversion (PLV) No. 7/2019.
Following public hearings and the proposition of 176 amendments, last Tuesday (May 7) the Commission approved the report prepared by the rapporteur, deputy Orlando Silva, which included the completion of his vote with some changes compared to the original report, presented in April. Upon the approval, the Commission issued Opinion No. 01/2019, consolidating the understanding of the parliamentarians on the MP No. 869.
The report presented by representative Orlando Silva, and approved by the Joint Committee, provided the approval of the measure, but also it suggests some changes on the original text of the MP No. 869, for example: (i) the importance of conducting hearings of the Board Members of the National Data Protection Authority (ANPD); (ii) the reduction of the number of members of the ANPD's Board, from 23 to 21; (iii) the restoration of powers of the ANPD originally provided for in the LGPD, such as ensuring observance of commercial and industrial secrets and conducting audits on the processing of personal data; (iv) the sanctions of partial suspension of database operation and suspension of data processing activities become limited, whit a maximum limit of 6 months, renewable for the same period; (v) permission to negotiate the payment of indemnification in cases in which the subject is harmed by failures in the data processing; (vi) the restoration of certain ANPD's revenue sources, considering that the proceeds of fines shall be fully allocated to the Fund for the Defense of Diffuse Rights; (vii) the possibility of ANPD executing Terms of Adjustment of Conduct (TAC); (viii) the need for the ANPD to regulate the cases in which the review of decisions made on the basis of automated processes should be carried out by natural person, considering the nature and size of the entity, as well as the volume of data processing operations; (ix) permission to the transfer of sensitive data related to health for the provision of health services and pharmaceutical assistance, including diagnostic and therapeutic services; and (x) the need for the ANPD to edit simplified and differentiated standards, guidelines and procedures for small businesses and startups.
The PLV will now be sent to the House of Representatives and the Federal Senate to be deliberated by the floors of both Houses, by a majority quorum of its members. If approved, the text must be submitted again to the President of the Republic for sanction or veto, total or partial, within 15 business days from the receipt of the document.
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