THE CHALLENGES FACED BY BRAZILIAN MUNICIPALITIES IN IMPLEMENTING THE LGPD

Abstract

The General Data Protection Law came as an important normative milestone to discipline the whole cycle of treatment of people’s personal data, as a natural person or as a legal entity from public or common law, with the aim to protect the fundamental rights of liberty, privacy and the free development of the natural person’s personality. Municipalities, as legal entities from common law, constantly operate within those personal data, therefore they need to create strategies of governance in order to accomplish the legal guidelines. In this scenario, this research’s goal appears: analyze the impediments faced by Brazilian municipalities when implementing the General Data Protection Law. In order to achieve this goal, this research is, methodically, exploratory and descriptive, with the technique of data collection. As the main result, it has been seen the need to create governance strategies to implement the regulations of the General Data Protection Law, however, many challenges arise, including: administrative, financial, and operational difficulties. In conclusion, the implementation process of the General Data Protection Law is not simple, it is in fact very complex and multidisciplinary, as it requires a professional team from a variety of areas, including juridical, governance and other professionals. Therefore, in many small municipalities located far from urban areas, there is a shortage of specialized labor for this task. Furthermore, effective governance necessitates administrative restructuring and corresponding investments.