Last Monday, 27/2, the ANPD (National Data Protection Authority) published the long-awaited resolution 4, which establishes the criteria for the ANPD to apply the fines and sanctions (warnings, suspension of data processing activity or the obligation to make the sanction public, etc.) that are provided for in the LGPD.
These criteria include the severity and extent of the violation, the size and economic capacity of the company responsible, and the nature and purpose of the processing. It is important to mention that the Law has retroactive effect and applies to all administrative proceedings already initiated by the ANPD.
The resolution also brings the concept of recidivism, which can be considered by the ANPD as an aggravating factor whenever the company has been previously convicted of another violation of the law, and the need to hear from other sectoral regulatory agencies before applying the sanction in order to avoid different understandings on the same point.
Another relevant point concerns the impact report on the protection of personal data. The Resolution provides for its need whenever there is a risk to the security and privacy of personal data in a processing operation, provides its concept and in which situations it is mandatory, also defines what information must be included in the document and determines its periodic update whenever there is a relevant change in the processing of personal data.
These are just some of the main new features brought by the Resolution. The full Resolution can be found at clicking here.
It is very important that everyone stays alert to the next steps and how this will actually be materialized by the ANPD.
Ellen Carolina da Silva – LGPD Specialist
Luchesi Lawyers
With a history spanning over 30 years, we are a reference in providing specialized legal services to clients in the agro-industrial production chain and other sectors of the industry. Our activity has been recognized nationally and internationally and stands out for the innovative way in which we handle consultancy issues, contractual negotiations, as well as litigation and strategic operations in agribusiness.