Although the LGPD has been in full force for all its provisions since August 2021, the regulation published last Friday (29/10) was expected to define the inspection conditions for the application of administrative sanctions to treatment agents who violate the established rules, which include: warning, simple fine, daily fines and even a total ban on the exercise of activities related to the processing of personal data.
The administrative procedure defined in Resolution 1/2021 will consist of three phases: (i) the initiation, ex officio or provoked by a complaint, including anonymous, and which does not include appeal, (ii) the instruction, in which the assessed person will present his defense and evidence to support its arguments within 10 (ten) business days, and (iii) the decision, which may be appealed to the ANPD Board of Directors, within 10 (ten) business days, with suspensive effect limited to the provision of the decision returned appeal, and will enable the reconsideration judgment. The assessed company may submit a Term of Conduct Adjustment (TAC) to the ANPD which, once approved, will suspend the progress of the sanctioning administrative process, and may even file it after the full compliance with the obligations agreed thereon.
Also according to the new rule, inspections, which may occur ex officio, resulting from periodic programs, in coordination with other national and international authorities, will aim to guide, prevent and repress violations of the LGPD. It also establishes obligations for companies to: (i) be prepared to provide information that allows the evaluation of personal data processing activities carried out; (ii) allow access to facilities, equipment and systems; (iii) inform about the IT inventory and other systems used for data processing; (iv) submit to audits; (v) prove the maintenance of information during the legal deadlines and (vi) provide a representative able to support the inspection activity, with knowledge and autonomy to provide all relevant information.
The full text of the resolution can be found here.
Author: partner Márcio Chaves