The COVID-19 outbreak and its economic and social impacts raises a question in Brazil: whether the country´s Data Privacy Act – LGPD, enacted on August 14, 2018 should be postponed, instead of becoming enforceable on August 16, 2020.
Bills have already been presented before the National Congress seeking to delay enforcement of the LGPD. The media – referring to the legal framework applicable during the pandemic – has been reporting that Bill #1179/2020 will likely be voted by the Senate, on Friday, April 3. If enacted, LGPD will become enforceable on August 16, 2021. The following chart summarizes the information about all pending bills.
| Bill | Subject Matter | Sponsor | Status |
|---|---|---|---|
| S. #1198, of 2020 |
Postpones the enforceability of LGPD sanctions to August 16, 2021. |
Senator Álvaro Dias (PODEMOS) |
Presented on March 31, 2020. The bill will be submitted to the Presiding Officer to be distributed to specific Committees. |
| S. #1179, of 2020 |
Provides legal framework applicable during the pandemic. Alters LGPD, postponing its enforceability to August 16, 2021. |
Senator Antonio Anastasia (PSD) |
Presented on March 30, 2020. The bill will be submitted to the Presiding Officer to be distributed to specific Committees. |
| S. #1164, of 2020 |
Postpones the enforceability of LGPD sanctions to August 16, 2021. |
Senator Álvaro Dias (PODEMOS) |
Presented on March 30, 2020. The bill will be submitted to the Presiding Officer to be distributed to specific Committees. |
| S. #1027, of 2020 |
Postpones LGPD enforceability to February 16, 2022. |
Senator Otto Alencar (PSD) |
Presented on March 26, 2020. The bill will be submitted to the Presiding Officer to be distributed to specific Committees. |
| H.R. #6149, of 2019 |
Establishes a time-based progression to the amount of the fines provided in LGPD. |
Representative Mario Heringer (PDT) |
The bill was attached to H.R. #3420/2019, which is under the analysis of the Committee of Science and Technology (CCTCI). Representative Luis Miranda (DEM) is the current Rapporteur. |
| H.R. #5762, of 2019 |
Postpones LGPD enforceability to August 15, 2022. |
Representative Carlos Bezerra (MDB) |
The bill is under the analysis of the Committee of Justice (CCJC). Representative Eduardo Bismarck (PDT) was designated Rapporteur on November 21, 2019. |
Our team is closely monitoring the mentioned bills and any other measure to postpone LGPD’s enforceability. For more information regarding this matter, e-mail us at dataprivacy@lickslegal.com.