ANPD announces public consultation on supervision and application of LGPD sanctions

​On Friday, May 28, the Brazilian Data Protection Authority (ANPD) published a draft resolution providing for the details of its enforcement of Law No. 13,709/2018 – the Brazilian Data Protection Act (LGPD). The resolution, which the ANPD has just submitted for public consultation, intends to regulate the enforcement of the LGPD’s Article 52 and the articles that follow.

Approved by Ordinance No. 11 of January 27, 2021, this initiative is part of the ANPD’s 2021-2022 Regulatory Agenda, which concerns the regulation of a number of topics provided for in the LGPD, still pending definition.

Under Law No. 14,010/2020, the LGPD’s administrative sanctions (Articles 52, 53 and 54) will apply as of August 1, 2021. Aiming to direct the ANPD in light of such provisions, the resolution establishes enforcement mechanisms for the monitoring, guidance, prevention, and application of sanctions, while also outlining all phases of the administrative sanctioning process. As indicated by the ANPD itself, the draft follows the logic of responsive regulation, suggesting the adoption of both incentives and penalties in response to LGPD violations, as well as the need to take the severity of each violation into account.

The proposed resolution presents a strategy for enforcement actions based on the following principles:

• Evidence-based regulation;
• Proportionality between risks and allocated resources;
• Transparency and accessibility, allowing society to keep track of and contribute to improving the ANPD’s performance;
• Transparent and fair processes with clear rules about rights and responsibilities; and
• Promoting compliance via a wide range of instruments and approaches.

The official text of the draft resolution is available in Portuguese on the ANPD portal and the Participa Mais Brasil platform and may change in accordance with the contributions made during the public consultation process. A translation of the document in English can be found here.

Contributing to regulations for the supervision and application of sanctions

Suggestions must be sent electronically via the Participa Mais Brasil platform by June 28, 2021. The platform is available in Portuguese on the following website: https://www.gov.br/participamaisbrasil/norma-de-fiscalizacao-da-anpd