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ABPI at the Public Hearing on Regulation of Dosimetry and Application of Administrative Sanctions by the ANPD

Lawyer Fábio Luiz Barboza Pereira, coordinator of the ABPI’s Digital Law and Data Privacy Studies Commission, highlighted three points during the Public Hearing (AP) on Data Protection this Friday, 2nd, by the ANPD – National Protection Agency on the dosimetry regulation and data protection application in the General Law code of 13.70 or LGPD9). “ABPI recognizes that the regulation is an important step in building the culture of data protection in Brazil, and the municipality is considering the most important step for popular participation within this process,” he said.

The first highlight by the ABPI in the reference treatment of the application of the referenceAP reference of reference data. “While the norm determined the objectives to occur in medium and serious infractions, with the same ones not according to the occurrences. apparently as infringements will not occur in practice because the regulation defines infrastructures in a residual form only, as they are those that are not fundamental for the processing of personal data on a large scale or that do not significantly affect the rights holders. We think this part needs to be better defined.”

Another issue pointed out by the ABPI coordinator concerns the payment of the fine sanction, provided for in the regulation within 30 days of its application. “Considering the maximum value of the simple fine, which can reach up to R$ 50 million, an effort to exempt interest on late payment and regulatory fine and some mechanism for installment of the amount would be reasonable”. According to the lawyer, the possibility of installments in up to six monthly installments, plus correction and interest of 1% per month, is already provided for in art. 916 of the CPC.

The last point highlighted by the ABPI coordinator concerns the replacement of the dosimetry methodology of the fine sanction, or replacement by another one, in cases of damage to the proportionality between the seriousness of the infraction and the intensity of the sanction. “This decision obviously needs to be substantiated. On the other hand, the regulation itself emphasizes that the aforementioned decision will observe criteria of convenience and opportunity, which brings certain legal uncertainty in the question of dosimetry itself, and in the application of sanctions that the regulation seeks to guarantee More clarity is needed in this removal and replacement of sanctions by the ANPD itself with a little more wording within the regulation”, explained the lawyer.