By: Leonardo Neri

Recently, the president of the National Data Protection Authority (“ANPD”), Waldemar Gonçalvez Ortunho Júnior, gave an interview in which he informed that the aforementioned authority already has eight administrative processes underway.

For your information, last year (2022), the Regulation on Dosimetry and Application of Administrative Sanctions was made available, which aimed to raise awareness among companies about adjusting their policy regarding data protection.

It turns out that, after the long period provided to companies, many still remained silent regarding the necessary adjustments, thus, considering that more than 1,043 (one thousand and forty-three) complaints requests and more than 287 (two hundred and eighty-seven) notifications were received, it became necessary to apply dosimetry, so that injustices are not practiced in repeated ways.

In other words, considering that there are currently eight cases, all of them will have consequences, however, considering that the final version of the Regulation on Dosage and Application of Administrative Sanctions has not yet been published, the cases to receive the compatible penalty are awaiting publication together.

In continuation, it is worth mentioning that, according to the report given by the president of ANPD, the publication of the aforementioned regulation should take place this February, since it is necessary to demonstrate that there will be punishments – serious and in accordance with articles 52 and 53 of the General Data Protection Law (“LGPD”) – so that companies can strictly comply with all the measures imposed.

The president also said that investigations are carried out in a thorough and detailed manner, since it is necessary to carefully analyze the case as a whole, since data and the respective agents are involved, who cannot be further harmed by possible leaked data. Thus, an impact report is prepared, through which it is possible to verify the tools used and which data caused the greatest harm to the owner.

For this reason, it is clear that the LGPD is gaining even greater ground in our society, and it is essential to open processes so that compliance with these standards can be enforced. For more information on the subject, as well as on the dosimetry and sanctions applied for non-compliance with LGPD standards, contact the partner responsible for the data protection team, Leonardo Neri.