On 21 June 2021, the National Data Protection Authority held its first technical meeting, with a live broadcast, to debate the regulation of the LGPD provisions – in this case, the Personal Data Protection Impact Report (RIPD).
The Data Protection Impact Report aims to ensure the effectiveness of the principles that form the LGPD, in particular, the principle of accountability, applying the concepts of risk management and the balancing of interests to real situations. However, due to the way the LGPD sets out on the subject, there is a risk that the RIPD might become a control instrument in isolated cases or, worse, a document prepared for formal purposes, without guiding an actual risk management activity, which may compromise the effectiveness of the personal data protection system in Brazil.
In accordance with information disclosed by the ANPD itself, 543 specialists signed up to participate as exhibitors at the technical meeting, divided into three days, each meeting with a different agenda. At the end, 12 exhibitors were selected (4 per day) to address the following topics, in the time of 15 minutes (per specialist):
- Block 1 - Methodologies and Criteria for Preparing and Analysing the Impact Report (21 June 2021)
- Block 2 - Situations/circumstances that give rise to the need for or waiver of preparing an impact report (23 June 2021)
- Block 3 - Transparency and publicity of impact reports for the public and private sectors (25 June 2021)
The convening of the technical meeting and also its live broadcast on YouTube was an exemplary initiative by the ANPD, which puts into practice its commitments to transparency and a broad debate. After the conclusion of the technical, internal and external meetings, the ANPD will prepare a draft regulation of the RIPD and, subsequently, this document will be submitted to the scrutiny of a public consultation.
Our partner Filipe Fonteles Cabral was invited by the ANPD to take part as a specialist exhibitor in Block 1. Our considerations for the ANPD on the aspects of the Data Protection Impact Report examined at the first meeting can be seen in the videos below.
Risk management favours free enterprise and good Faith
https://youtu.be/DcMdCjyiaXs
Methodology for the Impact Report
https://youtu.be/sr1B9dUFpBM
Elements for an Impact Report
https://youtu.be/uFMF6r9E6Uk
Lack of prior consultation need for ANPD sensitivity
https://youtu.be/cFZIlCFahbc
Deadline for delivering the Impact Report
https://youtu.be/DDJPE74bjYg
Risk Assessment is an opportunity
https://youtu.be/RJLGuijyr1c
