I – in a simplified format, immediately ; or
Posted: Thu Jan 30, 2025 9:56 am
Therefore, any organization that holds personal data may receive one of these requests, which are nothing more than the legitimate exercise of a right expressed in law by the data subject.
And such a request does not have a predetermined form, so it will not necessarily be presented in writing, although it is expected to be the most common situation. So, what will its format be? By email? Extrajudicial notification? Letter? Through the SAC? Oral request at the establishment itself?
Assuming that there is a high probability that these requests will be made en masse, especially in B2C model organizations whose image is strong in the media, it is recommended to structure a process to deal with these requests, so that responses are provided as quickly as possible, considering the short legal deadline stipulated.
Particularities of the LGPD in relation to the rights of the holder
Unfortunately, the LGPD lacks clarity and a better structure for the issue.
Firstly, because it establishes a much shorter deadline than the GDPR.
Secondly, because the two established deadlines refer expressly instagram data to only two of the rights provided for in the law – confirmation of the existence of processing and access to data.
Article 19 provides as follows:
Art. 19. Confirmation of the existence of or access to personal data shall be provided, upon request by the data subject:
II – by means of a clear and complete statement indicating the origin of the data, the absence of a record, the criteria used and the purpose of the processing, taking into account commercial and industrial secrets, provided within 15 (fifteen) days from the date of the data subject's request. (bold).
Although paragraph four of the same article grants the ANPD the possibility of providing differently for these deadlines, its establishment by the Federal Government is still pending.
Third, the law does not specify how these requests must be responded to, nor what the content of the simplified and complete formats of the right to access data should be.
And such a request does not have a predetermined form, so it will not necessarily be presented in writing, although it is expected to be the most common situation. So, what will its format be? By email? Extrajudicial notification? Letter? Through the SAC? Oral request at the establishment itself?
Assuming that there is a high probability that these requests will be made en masse, especially in B2C model organizations whose image is strong in the media, it is recommended to structure a process to deal with these requests, so that responses are provided as quickly as possible, considering the short legal deadline stipulated.
Particularities of the LGPD in relation to the rights of the holder
Unfortunately, the LGPD lacks clarity and a better structure for the issue.
Firstly, because it establishes a much shorter deadline than the GDPR.
Secondly, because the two established deadlines refer expressly instagram data to only two of the rights provided for in the law – confirmation of the existence of processing and access to data.
Article 19 provides as follows:
Art. 19. Confirmation of the existence of or access to personal data shall be provided, upon request by the data subject:
II – by means of a clear and complete statement indicating the origin of the data, the absence of a record, the criteria used and the purpose of the processing, taking into account commercial and industrial secrets, provided within 15 (fifteen) days from the date of the data subject's request. (bold).
Although paragraph four of the same article grants the ANPD the possibility of providing differently for these deadlines, its establishment by the Federal Government is still pending.
Third, the law does not specify how these requests must be responded to, nor what the content of the simplified and complete formats of the right to access data should be.