Fulfilling an important item on its agenda, the ANPD (National Data Protection Authority) has opened a public consultation on the draft Resolution that approves the Regulation on Dosimetry and Application of Administrative Sanctions in cases of violation of the LGPD guidelines.

Based on this regulation, it will be possible for the ANPDTo construct a sanctions application model with an educational and awareness-raising profile, such that:

“(i) induce appropriate behavior in accordance with the LGPD, rewarding virtuous regulated entities, that is, those who comply with the regulation, offering guidance and promoting awareness, and create spaces for building business solutions and achieving full compliance;

(ii) see the complete regulatory constraint process of the ANPD, capable of handling the most diverse information, whether provided by society or collected by the ANPD;

(iii) give the ANPD a flexible and broadly transparent space for the agile use of means and tools, always linked to the scope of its activity;

and (iv) be able to provide legal certainty to those subject to its authority, giving predictability to its actions, supported by an administrative process that ensures due process, the right to a full defense, and the right to appeal”.

The imposition of administrative sanctions was already foreseen in articles 52 and 53 of the LGPD (Brazilian General Data Protection Law).

The Resolution seeks to establish the rules and criteria under which the applications of administrative sanctions In cases where monitoring and prevention alone do not produce the desired effect, encouraging data processing agents to act in a way that demonstrates... compliance with LGPD.

Among the topics that the Authority intends to discuss with this draft, the following can be highlighted: the method of calculations that will be used, indicating minimum and maximum values, as well as their respective aggravating factors; information that measures the degree of damage and also mitigating circumstances for simple fines, among others.

The Resolution also seeks to prevent the recurrence of offenses by establishing minimum guidelines for the application of these sanctions. It is important to emphasize that the ANPD aims to promote greater effectiveness in the application of the penalties provided for, thus conferring greater legal certainty for both regulated entities and regulators.

With this public consultation, the ANPD (National Data Protection Authority) seeks more effective social participation so that it can improve how the Authority applies administrative sanctions.

The draft will be open for public consultation until September 15th, exclusively through the Participa Mais Brasil platform. In addition, a public hearing is expected to be held virtually via the ANPD's YouTube channel.

Information such as date and time will be communicated later.