In the third edition of the Administrative Process Trail, we delve into the Brazilian National Data Protection Authority’s (ANPD) administrative sanctioning process. This guide covers from the onset of ANPD’s repressive actions to the preliminary stages of the sanctioning process, comparing its approach with other regulatory bodies.
In this third guide, we develop the following topics:
– Repressive Activity of the ANPD
We discuss the regulatory framework guiding ANPD’s repressive actions, highlighting Resolution CD/ANPD No. 01/2021, which approves the Regulation of the Inspection Process and the Administrative Sanctioning Process. This phase involves coercive actions to halt damages, bring agents back into compliance with the regulations, and the application of sanctions provided for in the LGPD.
– Sanctions Provided in the LGPD
We briefly detail the possible administrative sanctions by ANPD, such as warnings, fines, publicizing infractions, among others, as per Article 52 of the LGPD and Resolution CD/ANPD No. 4/2023, which regulates their application. This regulation ensures proportionality, fairness, and effectiveness in sanctions, respecting the rights of data subjects.
– Administrative Sanctioning Process
We explore the procedure for initiating the administrative sanctioning process, detailing the means by which ANPD starts these actions, including preliminary analyses by the General Coordination of Inspection. We also highlight the fundamental principles of legality, the right to adversarial proceedings, and full defense guaranteed throughout the process.
– Preparatory Procedure
We introduce the preparatory procedure as the stage preceding the initiation of the administrative sanctioning process, where signs of infractions are investigated. This stage allows for possible resolutions such as the Conduct Adjustment Term (TAC), offering correction opportunities before the official process is initiated.
In this way, the guide not only introduces ANPD’s enforcement activity, but also clarifies the administrative sanctioning process and its preliminary stages. It is a valuable resource for understanding obligations and responsibilities in the context of data protection in Brazil.
