At the plenary session of the Federal Senate on August 26, 2020, Amendment No. 127 was introduced in order to suppress Article 4 of MP No. 959
Yesterday (08/26/2020), it was the approval by the Chamber of Deputies of the final wording of Provisional Measure nº 959, which changed article 65, II, of the LGDP, regarding the beginning of its effectiveness to 05/03/20 2021. In the Chamber of Deputies, the text sent to the Federal Senate, Conversion Bill 34/2020, stipulated, in turn, the time frame of December 31, 2020 for the LGPD to enter into force.
At the plenary session of the Federal Senate on August 26, 2020, Amendment No. 127 was introduced in order to suppress Article 4 of MP No. 959 regarding the postponement of the beginning of the LGPD to 12/31/2020. Also on that occasion, a point of order was raised regarding the harmfulness of the provision regarding the postponement, which had its declaration approved.
The Internal Rules of the Federal Senate provide that the President of that Legislative House is competent to declare, on his own initiative or in consultation with any Senator, a matter harmed due to its prejudging by the Plenary in another resolution (articles 48, XII and 334, II) . The previous deliberation that led to the declaration of prejudice refers to the PL 1179/2020 regarding the Emergency and Transitional Legal Regime of the legal relations of Private Law, which resulted in Law 14.010 / 2020, particularly to the understanding of the Federal Senate, at that time, according to which the term of the LGPD should not be extended again.
The text approved by the Federal Senate goes to the presidential sanction, which can happen in up to 15 working days, counted from the receipt of the substitute by the Civil House. Thus, after the sanction, with the return of the wording of article 65 of the LGPD, the effective date becomes effective immediately, emphasizing the sanctions provided for in articles 52 to 54, the date of entry into force is 08/01/2021.
The most immediate result of these changes is observed from the publication on 27/08/2020 of Decree nº 10.474 / 2020, approving the regulatory structure and the framework of the commissioned positions of the National Data Protection Authority (ANPD). This decree has five annexes. The first addresses aspects associated with the nature, purpose, competences, organizational structure, bodies and duties of the ANPD leaders. The remainder refer to the ANPD’s statement of commissioned positions, accompanied by relocations, replacements and other needs with regard to the ANPD’s personnel structure.
By Wilson Sales Belchior
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