On January 31, 2024, the Brazilian Data Protection Authority (“Brazilian DPA” or “Authority”) released the Second Half-yearly Monitoring and Execution Report of the Authority’s Regulatory Agenda for the 2023-2024 biennium (“Report”) regarding the second semester of 2023. The Report details the progress of the Agenda’s projects and presents the statistics on society’s participation in the regulatory processes.
The Regulatory Agenda of the Brazilian DPA for the 2023-2024 biennium is a regulatory tool that brings together the priority regulatory actions that will be studied or addressed by the Authority, which we analyzed in a previous newsletter. The first half-yearly report, referring to the first semester of the 2023-2024 biennium, was also highlighted in a previous newsletter.
The Regulatory Agenda is divided into 4 phases, in order of priority:
Phase 1 – items for which the start of the regulatory process was initiated during the term of the Regulatory Agenda for the 2021-2022 biennium;
Phase 2 – items where the start of the regulatory process will take place within 1 year;
Phase 3 – items for which the start of the regulatory process will take place within 1 year and 6 months;
Phase 4 – items where the regulatory process will begin within 2 years.
According to the Report, 2 out of the 12 initiatives planned for Phase 1 of the Regulatory Agenda were completed by the end of the second semester, with 9 of them ongoing and 1 suspended. For Phase 2, after amendments to the Regulatory Agenda, the Report provided that all initiatives planned for this Phase had already been initiated.
Furthermore, the Report pointed out that the Authority received 4,569 contributions from the society in the second semester of 2023 on various topics, such as international transfer of personal data, reporting security incidents, and the Regulation of Dosimetry and Application of Administrative Sanctions.
To access the full report in Portuguese, click here.
Our team is available for further clarification, as well as to advise on the procedures for complying with the regulatory obligations of the LGPD before the Brazilian DPA.
Gustavo Flausino Coelho – gustavo@bastilhocoelho.com.br
Fernando Naegele – fernando@bastilhocoelho.com.br