A decision issued by the Brazilian National Data Protection Authority (“ANPD” or “Brazilian DPA”) rejecting the request for an adequacy decision with the World Bank was published yesterday in the Brazilian Official Gazette. The request had been made by the Brazilian Ministry of Development and Social Assistance, Family, and the Fight Against Hunger.
In the Brazilian DPA’s point of view, legal reciprocity is a relevant factor in the analysis of adequacy decisions. However, the World Bank’s lack of interest in establishing reciprocal treatment and the legal infeasibility of this case hinder this case, making it not a current priority for ANPD.
Our team is at your disposal for further clarifications, as well as to provide assistance with the procedures for fulfilling LGPD and/or ANPD regulatory obligations.
Gustavo Flausino Coelho – gustavo@bastilhocoelho.com.br Fernando Naegele – fernando@bastilhocoelho.com.br