The implementation of LGPD exceptions continues to raise numerous inquiries, even among experts. Nevertheless, it is essential for lawyers to remain informed about the prescribed regulations to offer appropriate assistance to their clients regarding this matter, considering the potential penalties for non-compliance.
Protect your data immediately to avoid any risks.
In this brief article, we will explain the extent of the law and discuss activities not covered by it, giving an overview of the topic to help you advise your clients effectively.
What exactly is LGPD?
The General Data Protection Law (LGPD), implemented in 2020, sets out the rules for data handling in Brazil, applicable to individuals and entities operating nationwide, whether public or private.
The law ensures the security of information for all data operations related to providing goods and services for economic purposes.
Data protection should be implemented at various stages, starting from data collection and organization to deletion, to prevent information leaks or other issues. Failure to do so can lead to severe consequences, including fines and restrictions on data processing activities, potentially jeopardizing a company’s operations due to the critical role of data in today’s world.
When is LGPD not applicable?
The LGPD safeguards personal information from being used for commercial reasons and includes exceptions like journalistic and academic data usage. Examples of situations where this law does not apply are provided in Article 4 of the LGPD.
Exclusively for personal and non-commercial use by individuals
Sharing personal photos in a WhatsApp group or on social media without any commercial intent is not covered by LGPD. Nonetheless, other laws may still be applicable in specific cases.
Artistic or journalistic purposes
The LGPD does not cover the journalistic application of personal information to safeguard press freedom and the open reporting of public interest facts. This exemption is vital when disclosing private details about a public figure involved in illegal activities affecting the community is necessary. The information must be pertinent to the news and prevent undue exploitation or intrusion into the privacy of the individuals concerned.
Academic purposes
Data collected for academic research purposes and not for commercial use are considered an exception to the LGPD regulations. This means that activities related to the collection and distribution of such data are not subject to the provisions of the law. An illustration of this exception is the dissemination of studies on topics like population growth or the prevalence of a specific disease.
State Security Usage
Data processing for public security, national defense, or state security-related activities is another exception under the LGPD. This includes instances such as gathering personal information for police investigations.
National companies collaborate with international companies to process data.
Certain data processing scenarios by a national company hired by a foreign company are exempt from LGPD regulations. This exemption applies to service providers for foreign organizations who process data based on the contracting company’s guidelines. Nevertheless, it is crucial to comply with legal requirements and uphold privacy and data protection principles during data processing.
LGPD’s upcoming modifications are being planned.
The LGPD exceptions and the law are frequently updated, and there is ongoing debate about the boundaries of press performance. Additionally, regulations for data processing by the Public Power are still being developed.
It is crucial to stay informed about any updates or changes related to LGPD by seeking current information. Keeping up with legislative developments is necessary to ensure that data processing practices adhere to current standards, enabling you to adjust to changes and meet data protection requirements effectively.