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The approval of General Law on the Protection of Personal Data (LGPD) was a major step forward for legal certainty and the country's economic, technological and social development. However, as the law has numerous provisions that require regulation by the competent authority, the constitution and full operation of the National Authority of Data Protection (ANPD) are essential steps to ensure the proper application of the law.  

In the opinion of Elias Sfeir, president of the National Association of Credit Bureaus (ANBC), It is also essential that the different sectors of activity are part of the structure responsible for data protection in Brazil, especially those sectors with experience in handling large volumes of data, through participation in the National Council for the Protection of Personal Data and Privacy, an advisory body to the National Council for the Protection of Personal Data and Privacy. ANPD. 

As an example, he cites the credit protection service companies, represented by ANBC, which process around 150 million pieces of data on individuals and companies. “The sector actively participated in the construction of the personal data protection bill and made numerous suggestions for the main concepts, especially those directly linked to the credit market,” explains Sfeir. It adds that, “due to its involvement in the process and the international experience of credit bureaus in handling data with respect for privacy, the sector can provide input to the activities that will be developed within the ANPD and the National Council for the Protection of Personal Data and Privacy”. 

The credit bureaus considers the positions defended by the members of the ANPD's Board to be in line with the wishes of the market and society. Among them, that the Authority should favor constructive engagement, encourage education in the use of personal data, reward appropriate behavior and use punishments only as a last resort. It also intends to listen to all sectors when formulating the National Personal Data Protection Policy, act transparently to ensure that personal data is shared responsibly and act to facilitate the country's insertion into global value chains, for example by urgently regulating international transfers.

In the industry's view, the ANPD should develop its functions in harmony with other public regulatory bodies and authorities in specific sectors subject to regulation. Without the strategic leadership of the ANPD, The multiple interpretations of other public spheres can cause legal uncertainty and lawsuits, which could be avoided in most cases by prior instructions and guidance from the competent authority.  

Finally, in the opinion of ANBC, It is up to the government, society, controllers and operators of personal data in the private sector to ensure that LGPD, because everyone is responsible for exercising digital law in a sustainable way. Thus, recalls Sfeir, “the creation of the ANPD, Its internal structuring and regulatory pieces must be based on broad and unrestricted public consultation, with guidance and education of organizations and citizens around these rules.”.

ANBC Press Relations

Regina Pimenta: (11) 98136.6835 regina@pimenta.com

Ana Carolina Rodrigues: (11) 98674.0348 anacarolina@pimenta.com