EDPB Supports EC Grant of Brazilian Adequacy Decision But Urges More Clarity
The European Data Protection Board (EDPB) backed the European Commission's plans to grant Brazil an adequacy decision to allow data flows but urged the EC to address "a few remaining points," it said Wednesday in an email.
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Brazil's privacy framework aligns closely with the GDPR and case law of the European Court of Justice, noted the board's opinion, adopted Tuesday. It concluded, however, that the EC should clarify some aspects of the legal scheme and closely monitor its developments.
Among other issues, the opinion said, the EC should monitor the practical implementation of the requirements for data protection impact assessments and the functioning of a provision in the Brazilian regime that allows information given to data subjects to be limited in some circumstances on the basis of "commercial and industrial secrecy."
The board also asked the EC to further specify the applicability of Brazilian data protection law, as well as the Brazilian DPA's investigatory and enforcement powers, in relation to law enforcement authorities. In addition, it said, the EC should make clearer the "outlines of Brazil's concept of national security."