Technological innovations are being used more and more in agricultural production, the search for more efficiency and productivity has given rise to precision agriculture, which allows the extraction of extremely important data about the harvest, soil, etc., that assist the rural producer in decision making and management in the field.
The question is to identify if and what data collected in the agricultural sector can be considered personal data and, therefore, be covered by the General Law of Data Protection, which will come into force in Brazil in August 2020. This information is of great relevance, especially for the companies that attend the farmer, either with the offer of consulting and technology, or with the concession of rural credit, since these companies collect and process the agricultural production data and data from the rural producer himself, and often the rural producer develops the activity as natural person and not as a legal entity, and therefore, his personal data are protected by the LGPD.
It is important to note that it is not only the use of technologies that allows the collection and processing of data, simple and indispensable activities in the day-to-day of the farmer also require the use of data, such as the purchase of seeds, pesticides, etc. When the acquirer is a natural person, the companies must also comply with the requirements of the new law, for collecting name, CPF, address, among other data that can identify that producer.
Therefore, companies that collect personal data must comply with the requirements of the LGPD, as they will need to adapt the form of data collection and processing, since the new law requires, for example, express consent of the rural producer when collecting their data, and when the data are sensitive, this is, those linked with ethnic, union membership, health information, etc., the authorization should still be specific.
Thus, national or foreign companies that collect personal data from rural producers, must comply with the new General Data Protection Law, in order to avoid the penalties provided in this law, which includes fines of up to 2% of the economic group, the disclosure of the infraction to the public, among others.