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Report from Canaltech informs that the National Data Protection Authority (ANPD) has launched a guide on cookies and data protection. Dr. Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, was interviewed to comment on the matter

Government guide provides guidance on cookies and data protection

By Giovana Pignati | Edited by Claudio Yuge | October 19, 2022

This Tuesday (18) the National Data Protection Authority (ANPD) launched its guide “Cookies and Personal Data Protection”, designed to guide processing agents on good practices in the area, in addition to addressing more conceptual questions on the subject.

Aiming to educate, the guide provides the rights and duties of agents involved in the processing of cookies, including explanations about what they are. The material also establishes which principles of the General Personal Data Protection Law (LGPD) are applicable to such information and gives recommendations to personal data controllers on instruments to ensure compliance with the Law, such as cookie policies and banners.

According to Miriam Wimmer, rapporteur of the guide's preparation process at the Board of Directors, the objective of the material is to promote the culture of personal data protection in the digital environment, encouraging the adoption of transparent practices, which guarantee greater understanding and control by data subjects over the use of their personal data.

Experts praised the launch of the material, signifying a step forward in the data security market, as, despite the law being almost 4 years old, it is still far behind — this is what Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados says.

Marcelo Cárgano, lawyer specializing in Digital Law and Data Protection at Abe Advogados, highlights the importance of the guide taking a stance on “Dark Patterns” — design techniques or interface experience that induce, coerce or deceive its users into making certain choices that harm their interests for the benefit of the website.

“Dark Patterns are still little studied in Brazil, but it is already known how the imposition of unequal choices on users (so that options that benefit the online site are prominently presented, while those that benefit the user are obscured) have the potential to manipulate users and threaten their autonomy and rights. Thus, by bringing a list of practices against it, the ANPD Guide takes an important step in regulation and control of Dark Patterns in the context of cookie collection”, concludes the lawyer.

Antonielle Freitas, Data Protection Officer (DPO) at Viseu Advogados, highlights the guidelines for the use of legal bases, which highlight Consent and Legitimate Interest as possible hypotheses. According to the CTO, by limiting Legitimate Interest to only necessary cookies, the ANPD undermines the use of this legal basis in situations where data collected through cookies is used for advertising purposes.

According to the ANPD, the guide will be open to continuous comments and contributions, aiming to remain updated when new regulations and understandings are established. The authority's ombudsman will receive suggestions through the platform Fala.BR.

Provisional Measure provides autonomy for the National Data Protection Authority

A provisional measure (MP) was approved on the 11th, providing administrative and financial independence to the ANPD. The text is now being analyzed by the Senate.

The MP aims to avoid the administrative discontinuity of the authority and, to this end, provides for the creation of a commissioned position for the director-president of the ANPD and allocates current employees to the new authority.

The text also includes other structural changes, such as: rules for requisitioning personnel, transfer of assets and personnel and the provision of an act to regulate the transition of the ANPD from a body linked to the Presidency to an independent agency.

Source: Gov.br

https://canaltech.com.br/governo/guia-do-governo-traz-orientacoes-sobre-cookies-e-protecao-de-dados-227679/

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