Newsletter 41st Congress Day 4


Less punishment and more awareness in ANPD’s action

The supervision of the processing of personal data by companies will be based on guidance and prevention, aiming to comply with the Law, assured the representatives of the Brazilian National Data Protection Agency (ANPD) on the panel “ANPD: Regulation, Implementation, and Inspection of the LGPD”, the penultimate of the congress. The debate was attended by the president of ANPD, Waldemar Gonçalves Ortunho Junior; General Coordinator of Inspection Fabrício Guimarães Madruga Lopes; the General Coordinator of Standardization Isabela Maiolino, and the representatives of ABPI Renata Lisboa and Filipe Fonteles Cabral.

Since the beginning of August, ANPD has been monitoring compliance with the General Data Protection Law (Law 13.709/2018) and triggering doubts in companies concerning the sanctions that can be applied regarding data misuse. But, according to Ortunho Junior, the intention is not to prevent the use of data but to ensure that they are used responsibly. “A fine will be the last resort. There is a warning before, and a deadline for the company to adapt, until reaching stricter measures such as temporary suspension in the area of ​​data processing”, detailed the president of ANPD.

According to the General Coordinator of Inspection, ANPD is adopting a responsive model with a gradual approach, based on the behavior of the regulated and more focused on raising awareness. “If the company commits an irregularity and promptly resolves the problem, it is quite possible that the measure will be less punitive due to this action. Whenever the company cooperates, it will be awarded”.

In case of a data security incident, Guimarães said the first concern is whether the data subject is aware. Second, comes accountability. “Has the company taken the necessary steps? Did it respond properly, so that it does not happen again? That’s what is going to count”.

In her explanation of the norms and regulations of the LGPD, the Coordinator of Standardization Isabela Maiolino highlighted that Ordinance No. 16 of July 18th, 2021, which provides for the standardization process, was based on meetings with academics and agencies of the public administration and also on Public Consultation followed by Public Hearing. There were 1,831 contributions.