![早稲田大学知的財産法制研究所[RCLIP]](https://rclip.jp/wp/wp-content/uploads/2016/08/rclip.jpg)
| Date: May 26, 2021 |
| Time: 20:00– 21:30 (Japan Time) |
| Theme: Implementing the Protection of Personal Information: The Brazilian Experience |
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Venue: Online (ZOOM Webinar)
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Language: Simultaneous Japanese/English translation
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Panel Moderator: Dr Roberto Carapeto (Assistant Professor, Waseda University)
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Panelists: Dr Miriam Wimmer (Professor, Instituto Brasiliense de Direito Público (IDP)/Director, Brazilian Data Protection Authority (ANPD))
Dr Fumio Shimpo (Professor, Faculty of Policy Management, Keio University)
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| Host: Waseda University, Research Center for the Legal System of Intellectual Property （RCLIP） |
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Co-host: Waseda University School of Law
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| Participation fee: Free |
In August 2018, the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais) (LGPD) was approved. The LGPD regulates activities related to the processing of personal data, with the aim of protecting the fundamental rights to personal liberty and privacy. The LGPD was strongly influenced by the EU General Data Protection Regulation (GDPR), but there are many provisions that are unique to the Brazilian law.
The Brazilian Data Protection Authority (Autoridade Nacional de Proteção de Dados) (ANPD) was established as the new regulatory authority with oversight of the LGPD. The ANPD’s structure and regulations (number of members, office term of directors, etc.) have been continuously determined since August 2020. This year, the ANPD has issued several guidelines, including the Guidelines on Personal Data Breach Notification, and published regulations for public consultation. The LGPD provisions relating to administrative sanctions, which come into effect in August 2021, will provide for a maximum fine of R$50 million or two percent of annual revenue.
Issues related to the LGPD are worthy of consideration in Japan, not only because of the extraterritorial application of the LGPD and the close relationship between Japan and Brazil, and the size of Brazil’s population – the fifth largest in the world. Some of the same issues raised in relation to Brazil’s LGPD have also been discussed in Japan, and the laws of both countries’ have been influenced by the EU GDPR and share a number of common features.
Japan’s Act on the Protection of Personal Information (APPI) was recently amended and the new provisions will come into effect next year. The revised Japanese law will impose new data breach notification requirements, and increase the criminal penalties that may be imposed on corporations to a maximum of JPY100 million. In addition, the Draft Law Concerning the Establishment of Relevant Laws for the Formation of a Digital Society will integrate Japan’s three main personal information protection laws into a single law, expand the jurisdiction of the Personal Information Protection Commission and establish national rules for the processing of personal information by local governments.
The protection of personal information is a major issue in both Japan and Brazil. Our marketplaces are now global and so there are valuable lessons to be learned by discussing and comparing issues related to the protection of personal information in both countries.
In this Seminar, Prof. Wimmer will discuss the development of the newly established Brazilian Data Protection Authority (ANPD) and the implementation of LGPD in Brazil. Prof. Shimpo will analyze the recent movements in Japanese Law. After the remarks of each speaker, we will have a
panel discussion and a Q&A session with members the audience.
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