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Privacy and data protection is an urgent debate

15/02/2021

International Data Privacy Day

Thirty years ago, in the city of Strasbourg, on 01/28/1981, the first international legally binding instrument in the area of ​​data protection was open for signature and accession. The “Convention for the protection of individuals with regard to the automated processing of personal data” (ETS No. 108) is intended to ensure respect for the fundamental rights and freedoms of individuals, particularly the right to privacy with regard to the automated processing of personal data. personal data.

At that time, rights of data subjects were already foreseen, which are also present in GDPR (Regulation (EU) 2016/679) and in LGPD (Law nº 13.709 / 2018), such as confirmation of existence, access, rectification, elimination and right to petition regarding personal data. Since then, technological innovation has led to numerous changes in society and economic relations. It is no coincidence that the data economy has become the most frequent expression to refer to the diversity of ways in which data are being monetized around the world. An example of this is the prognosis that by 2030, Artificial Intelligence applications powered by data will generate US $ 13 trillion in new global economic activities, according to a survey by McKinsey & Company.

Availability of data and new technologies resignify, at different levels, the way in which relationships are established in society. The breadth and variety of impacts maximizes the importance of the discussion around privacy and data protection. In Brazil, the entry into force of the LGPD in September 2020, the organization of the ANPD and the possibility of sanctions being applied as of August 2021 boost the urgency of realizing the implications and consequences of this theme in business and operations.

This need is supported by the design of legal solutions that allow organizations to exploit this incredibly valuable asset in accordance with the legal and regulatory framework of the jurisdictions in which they operate. Reconciling these requirements with the specifics of the data economy is undoubtedly a challenge for multiple players.

Wilson Sales Belchior

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