Comissão aprova projeto que cria regra para proteção de dados pessoais

A Comissão de Assuntos Econômicos (CAE) do Senado aprovou nesta terça-feira (3) o projeto que prevê a criação da Lei Geral de Proteção de Dados Pessoais. A matéria segue em regime de urgência para análise do plenário.

A proposta define dados pessoais, como informações que identifiquem os titulares destes de alguma forma, e disciplina como devem ser tratados, para garantir a proteção da privacidade dos usuários e a segurança jurídica das empresas que vão usar as informações.


O projeto estabelece limites e consequências para empresas ou pessoas que a internet é um mundo sem regras, diz o relator – Divulgação/ Agência Brasil


O relator da proposta, senador Ricardo Ferraço (PSDB-ES), reafirmou que o projeto não traz nenhum tipo de censura. Segundo ele, trata-se apenas de conjunto de normas, limites e consequências para empresas ou pessoas que insistem em continuar achando que a internet é um mundo sem regras, onde vale tudo.

O PLC 53 estabelece a necessidade de consentimento para a coleta de dados e os casos em que este não é necessário; lista os direitos do titular (como acesso e reparação das informações armazenadas); indica possibilidades de reutilização dos dados coletados para finalidades diferentes (hipótese chamada de legítimo interesse do responsável pelo tratamento); coloca regras específicas para o Poder Público, pontua obrigações quando há transferência para outros países, e prevê a criação de uma autoridade regulatória, bem como aponta as formas de fiscalização e sanção.

As novas regras passarão a vigorar depois de um ano e meio da publicação da lei, para que órgãos, empresas e entidades se adaptem. O projeto prevê a criação da Autoridade Nacional de Proteção de Dados (ANPD), uma autarquia especial vinculada ao Ministério da Justiça com a missão de zelar pela proteção dos dados, fiscalizar e aplicar sanções, entre outras atribuições. 

Quem infringir a nova lei fica sujeito a advertência, multa simples, multa diária, suspensão parcial ou total de funcionamento, além de outras sanções. O responsável que, em razão do exercício de atividade de tratamento de dados, causar dano patrimonial, moral, individual ou coletivo, é obrigado a reparar. 

*Com informações da Agência Senado

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