GovernanceCore
EnforcedBrazilExtraterritorial reach

Brazil General Data Protection Law (LGPD): Automated Decision Review

Article 20 gives data subjects the right to request review of decisions made solely by automated processing that affect their interests. It is Brazil's operative AI constraint until its AI bill passes.

Status
Enforced
Jurisdiction
Brazil · National
Adopted
Aug 14, 2018
In force
Sep 18, 2020
Enforcement date
Aug 1, 2021
Regulator / body
Autoridade Nacional de Proteção de Dados (ANPD)
Sectors
Cross-sector
Extraterritorial
Yes

Key dates

  • Sep 18, 2020
    Came into force
  • Aug 1, 2021
    Administrative sanctions became applicable

Risk areas addressed

PrivacyTransparencyBias & discriminationHuman oversight

Who it applies to

Any organisation processing personal data of individuals in Brazil, including automated decision-making.

Penalties & enforcement

Up to 2% of Brazilian revenue, capped at R$50M per infraction.

Enforced by: Autoridade Nacional de Proteção de Dados (ANPD)

Getting ready

Brazil LGPD (Art. 20) is enforced by Autoridade Nacional de Proteção de Dados (ANPD). Its obligations are already live, so a gap is a present exposure rather than a future one. In practice that means knowing which of your AI systems fall in scope across every sector you operate in, holding assessments that speak to privacy, transparency and bias & discrimination, and being able to produce that evidence on request, including for systems built outside the jurisdiction.

Official source

Lei nº 13.709/2018, Planalto

Related regulations

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