ANPD makes public consultation to regulate sanctions

Brazilian Data Protection Authority makes public consultation to prepare a regulatory rule of dosimetry and application of administrative sanctions

The National Data Protection Authority (ANPD in Portuguese) has opened a new public consultation to listen to the society on the draft resolution that regulates the application of administrative sanctions for non-compliance with obligations established by the General Personal Data Protection Law (LGPD in Portuguese).

The rule proposed for the public consultation is intended to complement the regulation of the surveillance process and the sanctioning administrative process, approved by CD/ANPD Resolution No. 1, on October 28, 2021, by establishing more objective parameters and criteria, for the application of administrative sanctions by the ANPD.

Therefore, in compliance with the provisions of article art. 53 of the LGPD: “The National Authority shall define, through its own regulation on administrative sanctions to violations of this Law, which shall be the subject of public consultation, the methodologies that will guide the calculation of the base value of fine sanctions”.

In this step, as informed by the special autarchy itself: “ANPD aims, through the edition of a sanction application standard, to promote the effectiveness of LGPD through the fixation of methodology for the application of the sanctions provided to give legal certainty for regulated and regulators, as well as ensuring that decisions of a sanctioning nature adopted by the authority are effective, isonomic, transparent, objective and consistent. “

The Subsidies Taking from society itself, in such a relevant theme, is undoubtedly an important mechanism of advancement towards transparency, which meets the purpose of building a regulatory norm that effectively meets the realization of the devices. and Fundamentals of LGPD.

The public consultation will be available on the internet platform Participa Mais Brasil and will end on September 15, 2022. Additionally, on September 2, the ANPD will hold a public hearing to discuss the rule that will regulate the application of sanctions by the autarchy and the session will be broadcast live on the ANPD channel on YouTube.

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