On 28 October 2021, the Brazilian Data Protection Authority (ANPD) exercised its normative, supervisory and penalising powers to approve the Regulation on Supervision and Sanctioning Procedures, which covers how the administrative penalties provided for in the Data Protection Law (LGPD) are applied.
Having released a draft regulation for public consultation on 28 May 2021, the ANPD has approved the final version following five months of deliberation. This latest regulation is part of the ANPD's 2021-2022 regulatory agenda, set forth in an ordinance published on 27 January 2021, and it concerns the regulation of several issues that were provided for in the LGPD yet still required further definition.
The regulation specifically describes all phases of the administrative penalising process. It also outlines the ANPD's measures to monitor, guide, enforce and avoid penalties, with enforcement now occurring via a specific process included in the new regulation.
Nevertheless, the ANPD has yet to publish the criteria for pecuniary penalties, which, according to the LGPD, are set to be the subject of another specific regulation.
As the ANPD itself has indicated, there is an expectation that it will:
- plan and support monitoring activities with relevant information;
- analyse processing agents' compliance with personal data protection measures;
- consider regulatory risks based on the processing agents' behaviour to appropriately allocate resources and adopt compatible measures;
- prevent irregular practices;
- promote a stronger data protection culture; and
- correct irregular practices and act to minimise and compensate for damages.
The new regulation was officially published on 29 October 2021 and can be accessed here (in Portuguese).
For further information on this topic please contact Fabio Ferreira Kujawski, Paulo Marcos Rodrigues Brancher or Thiago Luís Sombra at Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados by telephone (+55 11 3147 7600) or email ([email protected], [email protected] or [email protected]). The Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados website can be found at www.mattosfilho.com.br.
An earlier version of this article was first published on Único.