ANPD announces the opening of a public consultation for the elaboration of the dosimetry standard and application of sanctions

Thursday, January 11th, 2024

On August 16, 2022, four years after the publication of Law 13.709/2018 – Brazilian General Law for the Protection of Personal Data (LGPD) –, the National Data Protection Authority (ANPD) opened a public consultation to hear society about the draft resolution that regulates the application of sanctions provided for in the LGPD.

The draft aims to complement the Regulation of the Inspection Process and Sanctioning Administrative Process, approved by Resolution CD/ANPD No. 1, in October 2021, indicating more objective rules for the parameters and criteria for applying administrative sanctions.

This initiative provides an opportunity for society to offer its contributions in defining the regulatory framework that will support administrative and judicial decisions on the LGPD, reducing the chances of formatting sanctions that disregard the reality of the market and, therefore, providing greater legal certainty for all the agents involved.

It is important to remember that, although the LGPD provisions on administrative sanctions came into force in August 2021, the ANPD has not yet applied penalties due to the absence of a resolution for the dosimetry criteria. Thus, the measure represents an important move by the Authority towards effective supervision and the application of penalties.

The public consultation will be open until September 15, 2022, for sending contributions to the ANPD.

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