The lawyer as the protagonist of privacy

I’m sure at some point in college you imagined what your professional life might be like after you graduate and receive your Order endorsement.

To those who intended to go down the wrong path of law, with experience of litigation in various spheres (civil, labor, family, etc.) legal”?

The dream of the advisory/preventive area does not leave our thoughts. After all, what expert in law does not feel fully and completely useful, when he is consulted and encouraged to express his opinion on a particular piece of legislation – its reflexes, influences, interpretations?

It is interesting to note that a lawyer in Brazil is generally not seen as a consultant – or manager of legal matters.

We are seen and seen much more as a means (and for some clients, a necessary evil!) to fight against a certain problem that has already been raised and that needs a court solution.

But this figure does not include all the possibilities that a lawyer is used to, prepared for and can produce excellent results.

Few believe it, but we can be excellent strategic managers for companies, especially in niches that, while not reserved for lawyers, directly depend on joining efforts with professionals in the legal field.

Just like at the time of the Consumer Protection Code, the Electronic Law, compatibility and so many other new areas that have arisen from legal changes or innovations, we currently see the legal class facing a new sector of activity: personal data protection.

In case, dear colleague, you haven’t read anything deeper about it, I know that you have at least heard about LGPD – General Data Protection Act.

It brings completely new legal situations to the Brazilian data environment, and our culture does not naturally correspond to the high concepts covered by the new legislation.

Despite this, we cannot ignore that, for the current moment, this is the best thing that could happen to our market.

Either because of the increasing number of experts who “arrive” annually, or because of the saturation of other areas of law, or because of the unfair prostitution of our professional fees.

The fact is that if you are a lawyer now in history, you have clients literally around the corner from your office or home. And it wastes a lot of time (and money) by not serving them what they need right away so they don’t have problems with the current Data Act.

I explain.

The requirements of the current data legislation affect literally every company and person in Brazil. From your neighborhood bakery to large multinational companies. All offices (including yours), your children’s school, e-commerce sellers, restaurants, your doctor’s clinic. the scope of the request is occasionally rare in our sector.

The penalties are high, and the understanding of those affected – almost none!

So much so that some colleagues specialize in selling LGPD compliance “kits”, which I won’t go into. However, they act to provide businesses with what they don’t yet know they need: implement the minimum security necessary to avoid industry lawsuits reaching the judiciary.

One of the great advantages of our profession is that we always represent one of the parties: either the plaintiff or the defendant. Regardless of each colleague’s specialty, matters involving data may be requested by the data subject’s attorneys or defended by the attorneys of the companies or people responsible for the data.

There is a huge sub-niche just for micro and small businesses.

Whether the market wants it or not, there are other areas of human knowledge that are necessarily involved in the process of adapting LGPD to sectors (computing, auditing, compliance, accounting, cyber security, human resources, etc.)…

The defeat of the debates and the rights arising from the new legal landscape will inevitably end up on the tables of lawyers, who will have a real job before the judiciary.

Let’s also remember that the judicial state itself is not prepared for the new Law, that is: everything is being built – concepts, interpretations, judicial practice, opinions, books, articles.

The new segment is fertile material for niche activities and markets for lawyers like never before.

Additionally, the role of the legal professional at this point is much more rallying than combat.

We are focused on issues related to the way legislation is applied and interpreted following the line that is being built in the courts – we are agents of coordination and gathering of all other experts who are equally essential for a good process of adaptation of the LGPD for our clients.

The LGPD requires a transdisciplinary analysis of business or personal operations involving data protection.

Most In addition to understanding the concepts, it is necessary to technically verify technological security issues (which a lawyer can know but not master!), compliance issues, data mapping and work routines (which he can understand but not act in the process) along with commercial issues that include marketing, e -commerce, cloud storage, algorithms, anonymization.

An endless number of other definitions that are not up to the lawyer – and everything is fine!

In this short text, I indicate that we are professionals who can be the protagonists of this transdisciplinary work process that will be necessary for clients. And I already said the basis above: at the end of the day, any effective litigation on the subject will come from our petitions, our protocols, and our defenses.

The more we understand our place in the context of participation in the LGPD, the more we will unite and enable our clients to create partnerships with other experts from sectors that we are not used to, so that together, building data management will be effective, much and most importantly. : dandclearly documented so that we can have the material in case of compliance with the notices of the data subject and the National Data Protection Authority.

Data breach reports, data protection impact reports, mapping and due diligence that meet the security and concepts provided by the new law are just a few examples.

We must be the right hand of the watchman (or DPO) about the problems that need to be solved BEFORE it has to solve the data problem. We can even be DPOs (I know several very competent colleagues in this field).

But I admit that ours professionalism can be even greater in building this synergy of multiple areas of knowledge. We are mediators by education. though we are warlike out of devotion.

Looking at the legal profession in essence, we will realize that there is literally more than a potential client around the next corner. He just needs to know how important we are to his daily life.

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