The future with LGPD sanctions

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Here, the ANPD applies a temporary impediment to the processing of the personal data of the institution or individual, until the situation is regularized.

Elimination
Deletion/erasure of all personal data to which the infringement refers.

Suspension
There are two types of suspension:

– Partial suspension of the operation of the infraction database for up to 06 (six) months, extendable for the same period, until regularization.

– Suspension of the exercise of the activity of processing facebook data personal data to which the infringement refers, for a maximum period of 06 (six) months, extendable for the same period.

Prohibition
The ANPD may partially or totally prohibit the Exercise of Data Processing Activities.

Understand the investigative process and the application of penalties
Penalties have different degrees of impact on the offender. It is important to understand that the sanctions applied by the ANPD, as a result of the LGPD, occur according to the peculiarities of each case.

An ANPD technical team will initiate an administrative procedure to analyze the possible violation. In this process, the severity and nature of the events and the personal rights affected will be analyzed. In view of this, the ANPD will also consider particularities of the offender, such as good faith, advantages obtained/expected, economic condition of the institution/person and cooperation in resolving the act that occurred. In addition, other points that will be observed are the degree of damage and the offender's recidivism.

When we address the need for institutions to adapt their internal processes to implement the LGPD in the text Understand the importance of the LGPD for your association or union , it is because this is also an item that is assessed. In the investigation carried out by the ANPD, the existence of procedures and mechanisms taken/established by the offender in compliance with the Law and data security are identified.

What will the future of institutions be like with the impact of sanctions generated by the LGPD? Certainly, for those who do not adapt to the new legislation, it will be difficult.

Let's take an example. The processing of sensitive data is also a reality in other countries. As reported by Isto É magazine ( https://www.istoedinheiro.com.br/por-vi ... 0-milhoes/ ), British Airways was fined R$183 million euros due to a leak of personal data from more than 500,000 of the company's customers.

In Brazil, we have a limit of up to R$50 million for fines, but this is not the worst case scenario. Other sanctions can have an equivalent or even greater impact. Imagine the negative publicity caused by a project that does not follow the LGPD correctly, or how the total ban on the exercise of activities related to data processing and/or the partial suspension of the operation of a database can affect an institution. This can make it impossible for the institution to operate, which depends on the use of this personal data to function. The possibility of closing down the activity is even more real if we consider companies whose business activity is the processing of data itself. The impossibility of using data is equivalent to a death sentence for the organization.

Finally, a warning to you, the manager, who has not yet taken note of the LGPD and its implications. All administrative sanctions provided for in the LGPD can have a profound impact on your association. Therefore, it is essential that you urgently adapt to the legislation. Invest in security mechanisms and assertive and clear communication about how your members' data is used. When entering into a partnership, consider whether your new partner is aware of this issue and has prepared to comply with the LGPD, like Associatec. If in doubt, be sure to consult a specialist to strengthen your project.