National Data Protection Authority conducts 26 processes to investigate non-compliance with the LGPD, says CEO
THE ANPD (National Data Protection Authority) intends to approve the “dosimetry” of fines for breaching the LGPD (General Data Protection Law) between December and January. It is one of the missing steps to apply the punishments provided for in the legislation.
“Judging that that was really an infraction, the directors use this rule to apply an exact dose for that sanction”, said the director-president of the municipality, Waldemar Gonçalves Ortunho Júnior, in an interview with Power 360.
The rule is intended to guarantee the proportionality of penalties, according to the size of the company and the type of infraction. At that moment, it is in the hands of the reporting director to prepare the opinion. Afterwards, the collegiate board of the ANPD must submit it to public consultation.
Today, 26 cases to investigate infractions are being processed by the ANPD. According to Gonçalves, they involve public and private bodies, large and small companies.
The LGPD completes 4 years of publication on August 14th. Companies and the public sector had almost 3 years to adapt to the standard. They could only suffer sanctions from August 1, 2021.
According to Gonçalves, the ANPD already has regulations for inspection and sanctioning processes, but it remains to define the “exact dose” of penalties and the way in which the fines are calculated.
“All incident facts are being analyzed and, when dosimetry is finished, we will apply sanctions in a very proportionate way.”, he stated.
On June 13, President Jair Bolsonaro (PL) published an interim measure that transformed the ANPD into an autarchy. It means that the authority has become independent from the Executive, an important step towards Brazil’s aspirations to occupy a seat in the OECD (Organization for Economic Cooperation and Development) – the “club” of rich countries.
Provisional measures are valid for 90 days, extendable for an equal period, and depend on congressional approval to be converted into law. To Power 360Gonçalves stated that he is optimistic with the approval of the Legislature.
Below, read excerpts from the interview:
Whatsapp and Goal
“After more than 1 year of negotiations, we had many parties attended, especially in the area of transparency. […] We have a process on the data sharing part [de usuários entre as duas empresas].”
Adaptation of companies to the LGPD
“Adherence is still quite timid. If we look at large companies, due to globalization, they were already involved because they had to serve the international market. Large national companies are adapting because this implies some type of investment. And small companies are now doing this adaptation. Everyone has to understand that the company’s reputation is very important. Respect for the data subject is a differential for the company, so we see it as an investment. And a small business doesn’t need a lot of resources to fit in. She needs to know the law and respect the rights of citizens.”
Transformation into autarchy
“We see that everyone is wearing the personal data protection shirt. We don’t feel that there might be any hindrance. We are optimistic that [a medida provisória que transformou a ANPD em autarquia] will be approved by the National Congress.”
Seat in the OECD
“One of the requirements was an independent data protection authority, so we needed this transformation. [em autarquia]. A very important step is the international transfer of data. When a country throws the dice for another, it wants the rights of its territory to be respected anywhere in the world. It is very important that the national authority has full independence.”
Law on Access to Information
“LAI and LGPD are complementary laws. We see them that way. LAI is aimed at the collective, and LGPD at the individual. […] When there is any doubt, it is brought to us. We have a very close relationship with CGU [Corregedoria-Geral da União].”
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