The National Data Protection Authority - ANPD has made public the list of the first 8 administrative proceedings filed by its General Supervision Coordination, which are in the instruction phase.

The long-awaited list comprises 7 companies from the public sector and one from the private sector.

All lawsuits were filed in 2022. The investigated conducts include: (i) non-compliance with ANPD request/determinations; (ii) failure to charge personal data; (iii) failure to communicate a security incident; (iv) failure to prove legal hypothesis; (v) failure to register operations; (vi) failure to submit a Data Protection Impact Report; (vii) failure to take security measures.

We point out that the lawsuit involving a private sector company, which was filed in March/2022, covers the following investigations: lack of proof of legal hypothesis; lack of registration of operations; failure to send a Data Protection Impact Report; failure to charge personal data; failure to comply with the ANPD request.

Note that, according to guidance from the ANPD attorney, the sanction of publicization, provided for in the General Law of Data Protection - LGPD, does not prevent and is not confused with the disclosure of data and information relating to the sanctioning administrative proceeding in progress.

Time to adjust, review adjustments, prepare. Be sure to get informed and seek specialized help.

This e-mail is exclusively informative, not exhaustive, and does not address specific situations. However, the digital governance and compliance team at MSY Advogados is available to guide and assist you in whatever is necessary to comply with the LGPD, including any administrative/judicial proceedings.