On October 29, 2021, the National Data Protection Authority (“ANPD”) approved its Regulation on the Inspection Process and the Administrative Procedure. The regulation establishes the procedures applicable to the inspection process and the guidelines to be observed in the administrative procedure to be conducted by the sanctioning Authority.
The rule establishes that the inspection to be carried out by the ANPD will include monitoring, guidance, and preventive actions. The investigation of possible violations of the legislation and resulting administrative sanctions will take place through administrative proceedings, in which the investigated party will be assured of adversarial proceeding and fair hearing.
With the approval of the Regulation, violations to the General Data Protection Act (LGPD) committed after August 1st, 2021 may already be subject to the inspection process. Application of administrative sanctions, however, remains suspended until a regulation on the sanctions ‘ dosimetry is approved.
Our team is closely monitoring any measures regarding LGPD and assisting clients with privacy and data protection matters. For more information on this, contact privacy@lickslegal.com.