The president of the Brazilian Data Protection Authority ("ANPD"), Waldemar Gonçalves, said in a webinar held on International Data Protection Day1 that the Regulation on Dosimetry and Application of Administrative Penalties (the “Regulation”) is expected to be approved and published in February 2023.
The Regulation complements Resolution CD/ANPD No. 1 of 2021, which disposes ANPD’s Inspection Process and Administrative Sanctioning Process. It is worth recalling that the Dosimetry Regulation aims, above all, to promote the effectiveness of the administrative sanctions provided for in the Brazilian General Data Protection Law ("LGPD") by establishing a methodology for applying sanctions, with clear parameters and criteria on dosimetry.
The draft resolution approving the Regulation was submitted for public consultation, which ended in September 2021. Since then, we have been awaiting the publication of the final version of the Regulation, with the changes determined by ANPD through the public consultation. The Regulation to be published is the last step necessary to complete the Normative framework and make the ANPD's administrative sanctioning process fully effective.
According to Walmer Gonçalves, "In February we will deliver this regulation and our inspection will have the necessary tools to apply sanctions.” Therefore, the expectation is that from February or March 2023, once the regulation is published, the ANPD will begin applying the sanctions established in the LGPD.
Almost 7,000 complaints had been received by ANPD by the end of 2022, from which 1,177 were conveyed to the Supervisory Coordination of the ANPD (responsible for analyzing infringements to the LGPD and applying penalties). In addition, data processing agents had submitted 300 incident reports to the ANPD by the end of 2022. And, according to Waldemar Gonçalves, eight administrative proceedings are just waiting for the publication of the Dosimetry Regulation for the penalties to be applied.
1 Live – Dia Internacional de Proteção de Dados 2023 – ANPD/CERT.br in <https://www.youtube.com/watch?v=y-YFb-P0ryo>. Access on 01 February 2023.