Table of Contents 64q43
On the morning of this Monday (27), the National Data Protection Authority (ANPD) published the new Regulation of Dosimetry and Application of istrative Sanctions. In short, the new norm allows Authorities to apply punishments in case of non-compliance with the General Data Protection Law (Brazilian General Data Protection Law (LGPD) ). 324t2v
The regulation was awaited by a large part of society, since it is about the sanctioned performance of the ANPD, offering the ideal reinforcement for the Authority's supervisory action. The decision was made official in minutes of the Deliberative Circuit of the Director-President of the autarchy, Waldemar Gonçalves. In addition, the position of the Director Arthur Sabbat, rapporteur for the matter, was unanimously accepted by the Board of Directors. Check the details below:
What is Dosimetry? 206x3n
In short, dosimetry is known as the way used to choose the sanction that best suits each concrete case in which there is a violation of General Law of Data Protection. In addition, when possible, it allows the calculation of the amount of the fine that will be applied to the offender. In other words, the Regulation provides for the establishment of circumstances, conditions and methods of application of sanctions, taking into the damage or harm to the holders of data violated in relation to the Brazilian General Data Protection Law (LGPD) .
O Regulation of Dosimetry and Application of istrative Sanctions tends to seek a balance between the sanction applied and the seriousness of the agent's conduct, seeking to offer legal certainty to inspection processes. Therefore, it allows guaranteeing the right to due process of law and adversary proceedings.
The elaboration of the standard published by the ANPD 2i2f53
At first, it is important to point out that the dosimetry standard received wide social acceptance. After all, the regulation elaboration process is a condition set out in art.53 of the General Law of Data Protection, that is, in the interest of all parties involved. In this way, the development of the norm had 2504 contributions through public consultations carried out between August 15th and September 15th of last year.
Then, a public hearing took place, where another 24 contributions were received. In general, after being presented by the General Coordination for Standardization and distributed to the directors, the final version of the draft was ready on January 25, 2023. After voting by the Reporting Director and the other directors, the election went to the deliberative circuit , making the process faster. Finally, the document had the signature of the Chief Executive Officer until it was published by Union on today's date.
The usefulness of sanctions and their application forms 681x6h
A ANPD Its procedure is to adopt a responsive inspection model, which allows for the application of not only sanctions, but also the adoption of guidance and preventive measures. The aim is always to redirect the treatment agents to comply with the Brazilian General Data Protection Law (LGPD) . These sanctions are nothing more than measures used as a complement to the approach and for the offender to comply with the provisions of the law.
According to the regulation, the sanctions will be applied after case-by-case analysis of istrative processes. The idea is to offer the possibility of broad defense, according to the peculiarities of the specific case and following some criteria such as: severity and nature of the infractions, the offender's good faith, recidivism, degree of damage, advantage ed over by the offender, economic condition of the offender. , adoption of governance policies, rapid adoption of corrective measures, and offender cooperation.
All sanctions already provided for in the General Law of Data Protection may be applied. Among the possibilities are: warning, simple fine, daily fine, publication of the infraction, blocking of personal data, deletion of personal data, partial suspension of the operation of the database, suspension of the activity of processing personal data and partial prohibition or total performance of activities related to data processing.
Finally, all the amount raised with the fines imposed by the ANPD will be destined to Diffuse Rights Defense Fund. The purpose of the fund is to repair damage caused to the environment, the consumer and goods and rights of artistic, aesthetic, tourist and landscape value, due to infringements related to the economic order and other diffuse and collective interests.
Text proofread by: Dacio Castelo Branco
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Sources: GOVERNMENT, CDL Florianopolis
