The ANPD has released a draft Resolution on the application of sanctions, in order to provide a necessary framework to exercise its sanctioning powers and complement the regulation on the inspection and administrative sanctioning processes (Resolution CD/ANPD No. 1 of 2021).
The draft resolution was opened to a public consultation process (on 8 August) to obtain feedback from society on the subject. In essence, it sets out the methodology proposed by the ANPD for the application of administrative sanctions, in compliance with articles 52 and 53 of the LGPD. The full draft of the Resolution can be accessed ON THIS LINK.
The proposed methodology takes into account various parameters and criteria such as the seriousness of the infraction, the personal rights affected, whether the liable party was acting in good faith, its economic condition, among other elements; as well as the classification of the infraction, which may be considered mild, medium or serious according to the definitions proposed by the ANPD.
In addition to outlining the application of administrative sanctions, the ANPD sets out a specific calculation formula in cases involving a simple fine, and the stipulation of minimum values to be observed for its application according to the classification of the infraction. In serious cases, the minimum fine can vary between R$ 4,000.00 and R$ 12,000.00.
The public consultation is now available on the Participa Mais Brasil platform until 15 September. The ANPD will also confirm the date for a public hearing to encourage further debate on the new standards.
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