Personal Data Processing According to LGPD – How to Handle Data Safely?

Tratamento de Dados de acordo com a LGPD Como funciona - STW Brasil

The advancement of technology has allowed companies to reach a capacity to collect, store, and analyze data like never before.

In this way, Data Processing has gained a strategic role in organizations, contributing to achieving the best results in various sectors.

So much so that in recent years we have witnessed statements from some of the world’s leading executives, comparing the current importance of the role of data for companies with what oil once had.

This broad use and traffic of personal data and information, however, raise questions worldwide.

Whether due to the lack of transparency in their use by companies, as well as the capacity that data processing has to influence reality, as we saw in the Facebook-Cambridge Analytica scandal.

As a result, different countries are creating laws to bring greater transparency and security in personal data processing.

In Brazil, we have the Brazilian General Data Protection Law, whose compliance deadline, for companies and freelancers, ends in August 2021.

The Importance of Processing Data Safely

Information security is increasingly essential for business in a world where some of the main risks to which companies are subjected come from the activities of digital criminals.

The actions aimed at protecting a group of data, and consequently, its value, should be applied with the goal of both protecting networks, systems, and sensitive information for the organization, as well as ensuring that personal data of third parties, such as customers and partners in the company’s possession, are also protected.

By processing data safely, you protect one of your company’s greatest assets, increase reliability in your brand, and minimize the risks that the information in your possession is used for criminal purposes or harmful to the data subject.

LGPD and Secure Data Processing

The General Data Protection Law, our LGPD, is a legal instrument that stands out for its firm commitment to security and transparency in data processing, regulating the use of personal information, taking a position alongside the personal data holders.

Thus, the legislation itself has guidelines and best practices, which, when correctly applied, benefit information security in your company.

More than a repression tool, the LGPD should be seen as an ally of your business.

It is worth reinforcing once again that compliance with the law is not an option, but an obligation for all companies that process data whose:

  • subjects are in national territory;
  • when the data collection took place in the country;
  • or when this processing aims to offer products or services in Brazil.

Regardless of the size or sector of activity.

How to Process Data Safely

To process data safely in your company, the first action is to ensure that all the information you collect, store, and analyze is in compliance with the permissions determined by the LGPD.

A key issue, for example, is consent. A company can only process data when there is explicit consent from the data subject.

In addition, it is necessary to have determined:

  • the Controller – the one who is responsible for the decisions regarding the use of personal data;
  • the Operator – the one who processes the data on behalf of the controller;
  • and the Data Protection Officer – the one responsible for communication between controllers and data subjects.

These three new figures created by the LGPD are fundamental to ensure greater transparency in data processing. Therefore, they are fundamental for there to be greater security during the process.

It is also important to emphasize that the legislation determines as a duty of companies and organizations the adoption of secure data protection technologies, using processes of non-reversible anonymization, encryption, and pseudonymization.

Anonymization

Anonymization refers to the use of technical means that, when applied, prevent data from being directly or indirectly associated with an individual.

It is a safe alternative, for example, for companies that use personal information for statistical purposes.

Anonymization is not mandatory but an option in certain circumstances. Its main advantage is that the LGPD does not apply to anonymized data.

Pseudonymization

Pseudonymization, on the other hand, seeks to prevent the relationship between data and an individual unless additional information is used, stored in a separate and secure environment by the controller.

In this case, the LGPD applies to the personal data processed.

Encryption

Encryption, although not mentioned in the General Data Protection Law, is another good practice to ensure information security.

The technique consists of encoding data, or a set of data, using an algorithm.

This algorithm works together with a key, which defines how the information will be encoded.

The application of technology in data security should also be accompanied by the training of data operators.

Conclusion

It is worth reinforcing that many of the security failures in information technology are linked to the human factor, so good practices and principles must be constantly reinforced to mitigate risks.

Remember that it is essential in cases of data security failures that your company communicates as quickly as possible to the data subjects, as well as to the responsible authorities.

Do not omit, nor try to sweep mistakes under the rug.

In case of doubts about how to apply the LGPD and implement measures to process data safely, a good option is to invest in consultancy services specialized in information security.

The professionals will be able to diagnose your situation and point out measures to be adopted.

To learn more about information security, the General Data Protection Law, and digital forensics, continue following our blog and follow our social media pages!

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