A glass half full look at the brazilian data protection authority
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Data
2021-01-21
Autores
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Editor
Universidade de Federal de Goiás
Resumo
: In any data protection system, the regulatory institution – called
the National Data Protection Authority – plays a substantial role. In Brazil,
this institution was created differently from what had originally been
expected. Therefore, the legal literature started to criticize it and to doubt
its ability to satisfactorily exercise its regulatory powers. Even before the
Brazilian general data protection act came into effect, a major opinion was
formed around the idea that, in its current structure, the Brazilian Data
Protection Authority2
would fail. This is the main research problem that
the author will further explore in the text, aiming at providing a different
view on the subject. Amid the uncertainty, he opted for looking at the glass
“half full” instead of seeing it as “half empty”. He highlights that even in its
current format the BDPA is remarkable progress and could be very useful
to the Brazilian personal data protection system. After all, more important
than the structure of the regulatory body are its capacities and how they
will be exercised in practice. To provide this text with a scientific basis, the
author conducted a structuralist analysis drawing a comparison between
the Brazilian Data Protection Authority and the equivalent institution in
Uruguay (URCDP), which has a very similar structure and has been carrying out its duties with success for over a decade. In the end, it was possible
to demonstrate that the initial structure of the BDPA is not a barrier that
could prevent it from carrying on its duties. Therefore, it is prudent to trust
the BDPA and monitor how it will operate.
Descrição
Palavras-chave
Privacy, Personal data protection, Brazilian data protection authority – BDPA, Uruguay Data Protection Authority – URCDP, Privacidade, Proteção de Dados Pessoais, Autoridade Nacional de Proteção de Dados (ANPD), Autoridade Uruguaia de Proteção de Dados (URCDP)
Citação
PARENTONI, Leonardo. A glass half full look at the brazilian data protection authorithy. Revista da Faculdade de Direito da UFG, Goiânia, v. 45, n. 3, p. 1-23, Jan. 2022. Disponível em: https://www.revistas.ufg.br/revfd/article/view/63785.