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12/03/2021News

Brazil's Supreme Court creates group to adapt the Court to the LGPD (Brazilian General Data Protection Law).

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The president of the Supreme Federal Court (STF), Minister Luiz Fux, created a working group to adapt the Court to the requirements of the General Data Protection Law (LGPD), Law No. 13.709/2018.

The LGPD (Brazilian General Data Protection Law) came into effect in 2020. However, the administrative sanctions foreseen in the law will only come into effect in August of this year, applying to both the public and private sectors.

The Executive Committee for Data Protection (CEPD) was established by Resolution No. 724, on the 2nd of this month. It will be responsible for identifying and evaluating data processing at the STF (Supreme Federal Court), proposing actions and internal policies, as well as promoting the exchange of information with other bodies, and conducting courses and presenting studies on the subject.

In upcoming meetings, the committee will deliberate on the main points of the LGPD (Brazilian General Data Protection Law) at the Court, such as the designation of the unit that will act as the "Data Protection Officer"; the drafting of the STF's (Supreme Federal Court) "Privacy and Data Protection Policy"; measures to adapt information systems to the LGPD; and the institutional coordination of the Court with the ANPD (National Data Protection Authority).

Fux highlighted that the creation of the committee aligns the court with the decision of the Plenary itself, which recognized the existence of the fundamental right to the protection of personal data in the Brazilian constitutional order (ADIs 6387, 6388, 6389, 6390 and 6393).

According to Minister Fux, by adapting to the law, the Supreme Court will be able to "achieve the goal of becoming a digital Constitutional Court, without neglecting the necessary respect for the privacy of actors in the justice system, establishing a constant institutional dialogue with the National Data Protection Authority (ANPD)."

Source: Valor Econômico