An out-of-court conflict resolution system for simpler cases of unauthorized use of personal data, leaving the most complex cases to the courts, is what the participants of the webinar “Impacts of LGPD on the Judiciary, event promoted by ABPI – Brazilian Association of Intellectual Property. The speakers were Mário Viola, Project Coordinator in the Law Area of ITS-Rio (Institute of Technology and Society), and Christian Perrone, Public Policy consultant and senior researcher at ITS-Rio, mediated by the coordinators of the Study Commission ABPI, Marcela Trigo and Fábio Pereira Dispute Resolution.
With the new legislation, the panelists agreed, there is a risk of a flood of lawsuits for unauthorized use of data. It turns out that the Brazilian judicial system, with more than 80 million lawsuits in progress, noted Viola, has one of the largest judicial liabilities in the world, and is not prepared to meet this judicial demand that will come in the wake of the LGPD. “I fear there may be a tsunami of lawsuits, so it is important to think about alternative means,” he said.
One of these alternatives, explained Perrone, was adopted by South Korea, which has had its data protection law since the beginning of the decade. To contain “the first wave of the tsunami,” that is, the volume of lawsuits that followed the legislation’s entry into force, the Korean authorities adopted a system that separates the types of litigation of this nature.
One of them, for simpler and more routine cases, consists of answering complaints by telephone and seeking, through mediation, a solution negotiated between the parties. On another front, an official board was set up to judge the most complex cases. “We will have to separate the chaff from the wheat and establish an alternative conflict resolution system, leaving the Justice with more space and technical capacity to resolve the most complex cases,” said Perrone.
Other uncertainties surround the future Brazilian data protection legislation. Last Monday, the 29th, Act of the President of the Bureau of National Congress No. 71/2020, extended, for a period of 60 days, the validity of Provisional Measure No. 959/2020, which postpones until May 3, 2021 the beginning of entry into force of the General Personal Data Protection Law (Law 13,709 / 2018). If the MP is not converted into law by Congress, it will lose its effectiveness, returning art. 65 of the LGPD to its current wording, which provided for its entry into force on August 16, 2020. The date of application of administrative sanctions was extended to August 1, 2021, in accordance with Law 14,010 promulgated on 10 June this year.
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