ANPD releases the list of sanctioning administrative proceedings due to LGPD violations

Monday, April 17th, 2023

Shortly after publishing the regulation on dosimetry, which defines the criteria for applying the administrative sanctions provided in the Brazilian General Data Protection Law (LGPD), the National Data Protection Authority (ANPD) released, on March 23rd, 2023, the list of sanctioning administrative proceedings initiated by its General Coordination of Inspection (CGF).

This list contains the name of the entity under inspection, their alleged infringing conducts, the official number of the proceeding before ANPD and the current stage of the proceeding. The access to the full proceedings and sanctions will only be allowed after the completion of the investigation activities and the exercise of the right of defense by the entities under inspection.

It is worth noting that, out of the eight proceedings listed by ANPD, seven have been initiated against public entities, such as the Ministry of Health and the Education Department of the Federal District.

Furthermore, the proceedings deal with the same types of alleged violations, such as: 

• Absence of appointment of a Data Protection Officer (DPO); 
• Failure to report incidents to data subjects; 
• Lack of compliance with ANPD requests; 
• Absence of adequate security measures; 
• Absence of accountability documents.

Therefore, the authority's attention at this first moment has been turned to the data protection governance programs of the entities under inspection, verifying violations not only of the LGPD's mandates but also of other regulations issued by ANPD.

CGF and the ANPD communication advisory have stated that they should create a page on the ANPD's website that will make information on those proceedings available for free to the public.

NNB Advogados has a specialized team in privacy and data protection, qualified to assist companies in advisory and litigious demands. To learn more about how we can assist you, please contact us.