Article: Assessment of LGPD and personal data protection in Brazil in 2020

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By Jean Carlo Jacichen Luz

Illustration showing the relationship between the year 2020 and the protection of personal data.
Introduction
The year 2020 is coming to an end, proving to be a watershed for Brazilian data protection.

The entry into force of the General Personal Data Protection Law (LGPD) inaugurates in Brazil what more and more countries have experienced around the world: the rise of the data owner, holder of control over the use of their own information.

Therefore, it is worth taking a brief look back at this unique year, marked above all by the viral pandemic that, unfortunately, still plagues the world.

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Introduction
MP No. 954 (IBGE case) and the STF
The entry into force of the LGPD
The public sector trail
About the National Authority for the Protection of Personal Data (ANPD)
The private sector trail
Cyber ​​attacks and security
What to watch out for in 2021
Jean Carlo Jacichen Luz
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Make a diagnosis
MP No. 954 (IBGE case) and the STF
Even before the LGPD came into force, the STF was called upon to take a position in the trial of the so-called “IBGE case”.

In April, Provisional Measure No. 954 (MP No. 954) was issued, which, based precisely on the COVID-19 pandemic, determined that TELECOM companies must forward to the IBGE Foundation, electronically, the list of names, telephone numbers and addresses of all their consumers, whether individuals or legal entities, for the purpose of supporting statistical production.

The measure was the subject of no less than 5 (five) direct actions of unconstitutionality (ADIs No. 6387, 6388, 6389, 6390 and 6393).

In the preliminary hearing, the rapporteur, Min. Rosa Weber, granted the precautionary request of ADI 6387 and ordered the suspension of the effectiveness of MP nº 954.

The decision was pioneering in recognizing basic concepts of data protection as arising from the interpretation of constitutional norms, such as informational self-determination, regardless of the validity of the LGPD, pointing out the MP's deficiency in specifying its purpose, suitability and need for the transfer of such a large volume of data.

In May, the decision was ratified by the majority of the plenary in a ruling, thus forming a historical precedent to guide Brazilian jurisprudence in elevating the protection of personal data to constitutional status.