The Brazilian Data Protection Authority (ANPD in Portuguese) published the first list with an updated list of sanctioning administrative processes, initiated by the General Inspection Coordination (CGF in Portuguese), which are awaiting completion and possible application of an administrative sanction by the ANPD.
The publication of the list is aligned with the purpose of demonstrating active transparency regarding administrative inspection and sanctioning processes that are in progress. In this sense, the disclosure of the respective data and information regarding the ongoing processes cannot be confused, at any time, with the application of the publication sanction, provided for in the General Personal Data Protection Law (LGPD in Portuguese), since the process still has not been completed and is awaiting for a final decision.
The institution of sanctioning administrative proceedings by the ANPD aims to investigate the alleged existence of certain conducts by the personal data processing agent, which, once proven, would violate the LGPD and/or regulations published by the Brazilian Authority.
The disclosure of the list of processes presented, among other information, reveals the main reasons that led the ANPD to promote the initiation of sanctioning processes against processing agents. Thus, the Brazilian Authority based its analysis on the alleged absence of LGPD compliance requirements, such as:
• Person responsible for Personal Data (DPO in Portuguese);
• Communication of a security incident to the ANPD and/or holders;
• Legal hypothesis proof for the processing of personal data;
• Operations record involving the processing of personal data (ROPA in Portuguese);
• Submission of Data Protection Impact Report when requested by ANPD;
• Security measures for the proper processing of personal data;
• Compliance with ANPD requests and/or determinations.
Soon, a page will be created on ANPD’s website where this information will be available for free knowledge by any citizen.
We emphasize that the list of sanctioning processes is just the beginning of the ANPD’s work based on the new Regulation of Dosimetry and Application of Administrative Sanctions, which was published by the ANPD at the end of February 2023.
The Di Blasi Parente & Associates Law firm is available to assist treatment agents in reviewing or implementing their Privacy Governance Programs.
To check the companies listed by the ANPD, click on the link below: https://www.gov.br/anpd/pt-br/assuntos/noticias/anpd-divulga-lista-de-processos-sancionatorios.
