[co-author: Julio Alves]
The National Data Protection Authority (ANPD) has recently published Resolution CD/ANPD No 4/2023, which approves the Regulation for Dosimetry and Administrative Sanctions (RDASA) in cases of violation of Law No 13,709/2018. (LGPD). The RDASA categorizes violations based on the severity and nature of the violation, as well as the personal rights affected. Violations of the LGPD can result in sanctions ranging from a warning to the complete prohibition of personal data processing.
On February 24, 2023, the National Data Protection Authority (ANPD) published Resolution CD/ANPD No. 4/2023, which approves the Regulation on Dosimetry and Application of Administrative Sanctions (RDASA).
The RDASA clarifies that sanctions will be applied after administrative proceedings, through a decision by the ANPD. The level of sanctions penalties applied to a particular [person][entity] will be subject to increasing levels of severity which can be applied either separately or cumulatively, depending on the facts of the particular case. These penalties can range from warnings to fines, and can even include the partial or total prohibition of data processing-related activities.
Violations are classified based on the severity and nature of the violation, as well as the personal rights violated. In other words, violations will be divided into three (3) categories: (1) minor, (2) medium, and (3) serious, which determine the levels of penalties that could be applied in connection with a particular violation.
Finally, the RDASA outlines the methodology for calculating the amount of fines to be imposed in the event of a violation, as well as the minimum fines for individuals and companies.
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