GENERAL DATA PROTECTION LAW: AN ANALYSIS OF PUBLIC HEALTH PHILANTHROPIC INSTITUTIONS

Abstract

This research targets philanthropic institutions that play a fundamental role in Brazilian society, especially those that dedicate their activities to providing public health services through agreements and administrative contracts. In this sense, due to the entry into force of the General Data Protection Law – LGPD (Federal Law No. 13,709 of 2018), which began to regulate the processing of personal data in Brazil, bringing in its text provisions for sanctions that can reach the amount of R$50,000,000.00 (fifty million reais). The present study aims, through a deductive and dialectical approach, through doctrinal works, scientific articles, news and academic studies, to reflect on the possible financial impacts caused by the LGPD on philanthropic public health institutions. In this way, through the analysis of the institutes of the aforementioned standard, its concepts and normative aspects, especially in relation to its possible reflections or impacts from a pecuniary point of view on philanthropic institutions, specifically those providing health services of a public nature, it is verified that the law did not provide differentiated treatment for these institutions, which could cause serious difficulties from the point of view of Compliance and adaptation to the aforementioned standard, since such entities are routinely managed under difficult financial situations. It is not intended, however, to exhaust the topic, but rather to bring reflections relating to the context of this important legislative innovation and its respective impacts, putting into dialogue the reality of the philanthropic institutions in question and the implications, especially from an investment point of view, especially in information technology, necessary to adapt to the requirements of the Law, possibly necessary to prevent non-compliance and the resulting sanctions.