Brazil: Chamber of Deputies announces bill on data processing for state security under LGPD
The Chamber of Deputies announced, on 12 August 2022, Bill 1515/22 which regulates the application of the Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD') for purposes of state security, national defence, public security, and investigation and prosecution of criminal offences. In particular, the Chamber of Deputies explained that the bill prohibits the processing of data related to national security and defence by private companies, except in processes required by a legal entity governed by public law.
In regard to access to information, the Chamber of Deputies noted that the individual may have access to their personal data upon request to the competent authorities. On this point, the Chamber of Deputies clarified that a request can be denied with justification, which is subject to questioning by the Brazilian data protection authority ('ANPD') or legal action. In regard to data transfers, the Chamber of Deputies clarified that the bill allows the transfer of personal data to an international organisation or agent abroad that works in the areas of public security, national defence, and criminal prosecution.
Finally, the Chamber of Deputies noted that in cases of violation, the bill provides for the partial suspension of the operation of the database for up to two months, as well as holding the agent accountable in the administrative and criminal scope.