Public Hearing – International Transfers

*This is an AI-powered machine translation of the original text in Portuguese

On Tuesday, September 12th, the National Data Protection Authority held a Public Hearing open to the public to receive input on the draft Regulation for International Transfer of Personal Data. On this occasion, our partner Bernardo Fico presented contributions to the draft regulation of the authority.

The statement emphasized the importance of the draft Regulation for the efficient and secure international flow of personal data to Brazil, preserving the privacy and data protection of the data subjects. Thus, the future regulation fits into the context of ensuring the transfer of personal data from Brazil to countries with an adequate level of protection, as well as ensuring the country's position as a safe destination for receiving personal data from other jurisdictions through an "adequacy decision."

Considering these factors, the contributions were made to ensure that the international data transfer system was in line with the parameters of politically and economically relevant jurisdictions for cross-border data flow, notably the European Union.

Therefore, the proposed changes to the draft Regulation focused on the requirement for periodic reevaluation and review mechanisms for adequacy decisions issued by Brazil due to the importance of assessing the level of protection provided by other countries over time. It was also emphasized the importance of the Ministry of Foreign Affairs' input in adequacy decisions due to the influence of diplomatic matters in these issues.

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