ANPD opens public consultation for draft resolution on the calculation and application of sanctions

On August 16, 2022, the Brazilian National Data Protection Authority (“ANPD”) opened a public consultation aimed at receiving contributions from the general public on the draft Resolution that provides for the calculation and application of administrative sanctions (“Resolution”) provided for in article 52 of Law No. 13,709/2018 (Brazilian General Data Protection Law – “LGPD”).

The LGPD requires that ANPD establish, through its own regulation, methodologies that will guide the calculation of the base value of fine sanctions.

The initial draft of the Resolution includes:

• parameters and criteria for classifying infractions as low, medium or serious;
• provisions on which type of sanction (warning, daily fine, simple fine, etc.) should be applied, according to the criteria established in the draft;
• standards for calculating the amount of the fine sanction caused by the infraction, such as aggravating and mitigating circumstances; and
• deadline for payment of the fine sanction.

The draft Resolution also proposes the amendment of some provisions included in the Regulation on the Inspection Process and the Sanctioning Administrative Procedure, which is already in force.

The consultation will be available until September 15, 2022 at Participa Mais Brasil.

Demarest’s Privacy, Technology and Cybersecurity team is monitoring the updates on this regulation and is available to provide any additional clarifications that may be necessary.