Law No. 13.709/18 (General Law for the Protection of Personal Data LGPD) and its relationship with law

the lawyer and his duties regarding the processing of personal data

Authors

  • Vinicius Lima União Educacional de Ensino Superior do Médio Tocantins - Unest
  • Rômulo de Morais e Oliveira Faculdade de Ciências Jurídicas de Paraíso do Tocantins - FCJP https://orcid.org/0000-0002-4750-632X

DOI:

https://doi.org/10.14393/RFADIR-50.1.2022.63883.122-144

Keywords:

Data protection, Advocacy, Innovation, Duties and performance of the lawyer

Abstract

The content of the work focuses on the analysis of the legislative innovation resulting from Law 13.709/18 (General Law for the Protection of Personal Data – LGPD), as well as the role and duties of the lawyer regarding the processing of personal data. The work was prepared with the general objective of verifying the impacts arising from the advent of Law No. 13.709/18 (General Law for the Protection of Personal Data – LGPD) on the practice of law. Thus, the methodology was used through bibliographic and documentary research techniques, with knowledge available from doctrinal works, articles and legislation, using the qualitative study, observing the subjects affected by the enactment of Law No. 13.709/18. With regard to the results achieved, it was evident that the LGPD reaches everyone who uses third-party data and information processing, being in this context the activity of the lawyer who directly and indirectly uses the data and information collected from his clients and collaborators, in addition to the General Law for the Protection of Personal Data also brings sanctions in case of ineffective data processing, thus affecting those who breach it. It is concluded that the LGPD brought about a series of changes and innovations in order to make the lawyer's work safer, but mainly to bring protection to the holder of personal data, which may be a client of the lawyer, as well as an employee or intern who have their information stored in the law firm's departments and planning and planning in data processing is a viable means with aspects of security and protection for the smooth running of the legal practice and zeal for this activity.

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Author Biographies

Vinicius Lima, União Educacional de Ensino Superior do Médio Tocantins - Unest

Graduando do curso de Direito da Faculdade de Ciências
Jurídicas de Paraíso do Tocantins (FCJP).

Rômulo de Morais e Oliveira, Faculdade de Ciências Jurídicas de Paraíso do Tocantins - FCJP

Professor da Faculdade de Ciências Jurídicas de Paraíso do Tocantins (FCJP). Mestrado profissional em Prestação Jurisdicional e Direitos Humanos (Universidade Federal do Tocantins), Especialista em Direito Constitucional (Escola Superior da Magistratura Tocantinense) e em Direito Processual Civil (Centro Universitário Internacional).

Published

2022-12-16

How to Cite

Lima, V., & de Morais e Oliveira, R. (2022). Law No. 13.709/18 (General Law for the Protection of Personal Data LGPD) and its relationship with law: the lawyer and his duties regarding the processing of personal data. Journal of the Faculty of Law of the Federal University of Uberlândia, 50(1), 122–144. https://doi.org/10.14393/RFADIR-50.1.2022.63883.122-144