Brazil created this law so that Brazilians have their personal data protected

The Federal Constitution in Art. no. 5, item X, protects privacy, thus ensuring: ” People’s privacy, private life, honor and image are inviolable, ensuring the right to compensation for material or moral damage resulting from their violation“. It is clear that the enshrinement of the right to privacy is taken in the broad sense that it can cover all manifestations of people’s intimate, private sphere and personality, and we have it enacted in 2018. The General Law on the Protection of Personal Data (LGPD), Law No. 13,709/2018, is based on the protection of the rights to freedom and privacy, as well as the free exercise of the right to privacy.

formation of each individual’s personality.

The law and its set of instruments are designed for the processing of personal data, made available in physical or digital form, which is manipulated by individuals or legal entities under public or private law, covering both a set of operations and processes, which can take place in manual or digital form.

Personal data is information relating to an identifiable natural person or identified in databases

And based on what the legislation says, it is necessary to emphasize our rights and duties as the owner of our personal data, especially when they are processed virtually.

We have rights as the owner of our data when it is provided. So let’s go in parts:

Personal data is all information relating to an identified or identifiable natural person, such as name, CPF, ID, CNH, photo, etc.

We also have sensitive data, i.e. non-identifiable data, which once associated with a natural person can generate some kind of segregation or prejudice as sensitive personal data: personal data on racial or ethnic origin, trade union membership, religious, philosophical or political conviction, political opinion or religious organization, data relating to health or sex life, genetic or biometric data.

And finally, the processing of personal data, provided for in art. 5, item X, LGPD, which consists of any operation carried out with personal data, such as those that refer to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction – any operation that uses information from living natural persons.

From now on, Brazil will behave like this

Among our rights:

• The data subject has a legal and inalienable right to know if their data is being processed. In other words, in a case where we can’t remember if we have registered with a company (a very common case in the digital age), we have the right to ask the company to confirm that some kind of processing of personal data is taking place
• The right of access can be exercised when the data subject already knows that their data is being processed by a company, but still doesn’t know what information the company has stored. In other words, in a case where we have provided our data in order to obtain a free digital book, for example, we can later ask the company what information has been collected, if we don’t remember.

• The data subject can request that their data be updated, completed or corrected. In other words, in the case of an online purchase, where the address is out of date, for example, we can ask the company to update our registration.
• When participating in a public health study, in which some sensitive personal data is required, we have the right to request that our information be processed exclusively within the research organization and strictly for the purpose of carrying out studies and research and kept in a controlled and secure environment – preferably using data anonymization or pseudonymization techniques.

• The data subject may, if necessary, request the deletion of data on the grounds that it is excessive or does not comply with the LGPD.
• Upon request, the data subject can withdraw – at any time – the consent they have given to a company to process their data, and the company must obligatorily delete it, apart from the exceptions provided for in article 16 of the LGPD.
• For the LGPD, consent is a free, informed manifestation of

the data subject has given his/her unequivocal consent to the processing of personal data for a specific purpose

The importance of being aware of our rights as data subjects

The law talks about the protection of personal data, but it’s up to you to do your bit to protect it!

In the cases mentioned above, we can see how this issue is present in our daily lives, and the importance of being aware of our rights as data subjects in order to guarantee our privacy and confidentiality, as provided for by law.