29/01/2021

By Leonardo Neri

Taking advantage of the international data protection week, the National Data Protection Authority (ANPD) published yesterday, the 28th, its regulatory agenda, approved at the 1st deliberative meeting of its Board of Directors, held on January 20th.

The regulatory agenda, published through Ordinance 11/2021, provides for the planning of regulatory actions to be adopted by the ANPD for the years 2021 and 2022, according to its priorities. Thus, the Regulatory Projects were classified into 3 Phases, namely:

Phase 1: regulatory agenda initiatives whose regulatory process will begin within 1 year;

Phase 2 – regulatory agenda initiatives whose regulatory process will begin within 1 year and 6 months;

Phase 3 – regulatory agenda initiatives whose regulatory process will begin within 2 years.

Within Phase 1, the agenda provides for the regulation of the following topics:

• ANPD Internal Regulations;
• ANPD Strategic Planning;
• Data and privacy protection for small and medium-sized companies, startups and individuals who process personal data for economic purposes;
• Establishment of regulations for the application of administrative sanctions provided for in the LGPD;
• Reporting incidents and specifying the notification period; and
• Personal Data Protection Impact Report.

In phase 2, the themes will be the following:

• International Transfer of Personal Data; and
• Personal data protection officer.

Finally, Phase 3 will address the following topics:

• Rights of holders of personal data; and
• Legal hypotheses for processing personal data.

This classification must be considered by the ANPD when preparing the guidelines for the National Data Protection Policy, as determined by the LGPD.

Based on the preparation of half-yearly reports by the General Coordination of Standardization, the initiatives and goals set out in the agenda may be readjusted.

Already starting the actions of Phase 1 of the regulatory agenda, today (29) the ANPD began collecting subsidies for regulating the application of the LGPD to microenterprises, small businesses, startups and individuals who process personal data for economic purposes.

The collection of contributory information will take place until March 1, 2021, by filling out a standard form available on the ANPD portal on the Federal Government website. The completed form must be sent to the email consultapublica@anpd.gov.br, with the subject “Subsidy Collection 1/2021”.

In addition to receiving the forms, ANPD also made itself available to receive public and private agents involved in the topic, by prior appointment, to hold meetings.

The measures should enable greater effectiveness in regulating the issue. For the CEO of ANPD, Waldemar Ortunho, the actions demonstrate commitment to the regulatory agenda.