On February 27th, regulations were published defining the rules for the application of administrative sanctions by the ANPD (National Data Protection Authority). This regulation is important because it reinforces the supervisory role of the National Data Protection Authority, which has the function of ensuring that companies and organizations respect the General Law on the Protection of Personal Data.
Administrative sanctions are one of the tools that the ANPD (National Data Protection Authority) has to ensure that personal data processing agents follow the rules established by the LGPD (Brazilian General Data Protection Law). The approval of the regulation occurred through an electronic deliberation of the ANPD's Board of Directors, and was accepted unanimously.
Understanding dosimetry in the LGPD (Brazilian General Data Protection Law)
The Dosimetry Regulation establishes the criteria and parameters for pecuniary and non-pecuniary sanctions by the ANPD (National Data Protection Authority), as well as methods and dosages for calculating the base value of fines. Furthermore, the regulation amends Resolution No. 1 of the CD/ANPD to improve the administrative sanctioning and oversight process, guaranteeing due process and the right to a hearing for all parties involved.
Therefore, regulation is a necessary requirement for the National Data Protection Authority to be able to impose fines, as established by article 53 of the... General Law of Data Protection.
Society contributed to the standard.
The dosimetry standard was developed with broad public participation, which was able to contribute through public consultation and public hearings. The draft resolution received 2.504 contributions from the public and, after the final vote by the Reporting Director, it was forwarded for voting by the other directors, which occurred through a deliberative circuit, making the process faster. After the signature of the Director-President, the document was published in the Official Gazette of the Union.
What is dosimetry?
Dosimetry is a method for deciding what punishment should be applied in cases where the General Data Protection Law (LGPD) is violated. It can also help determine the amount of the fine that should be applied to the offender, if necessary. The Regulation on Dosimetry and Application of Administrative Sanctions establishes the rules for applying punishments, taking into account the damage or harm caused to data subjects by violations of the LGPD.
With the immediate entry into force of the regulation on dosimetry and application of administrative sanctions, the ANPD (National Data Protection Authority) now has clear and established requirements for applying penalties in cases of violation of the LGPD (Brazilian General Data Protection Law). This guarantees citizens better protection of their personal data and helps Brazil align itself with best business practices.
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