With the launch of the Dosimetry Regulation by the National Data Protection Authority (ANPD), the agency is now able to apply data protection-related sanctions in the country. But how will the ANPD effectively enforce the LGPD in Brazil, given that not even Facebook knows where all its users’ data goes?
To better understand the issue, let’s take a step back. The General Data Protection Law (LGPD) was based on the European General Data Protection Regulation (GDPR), making the two regulations, to a certain extent, very similar.
The GDPR is entering its fifth year of effect, and based on its performance in Europe, we can have some idea of what to expect in Brazil with the LGPD. The European General Data Protection Regulation was, in part, created to counter the rapid expansion and innovation of giant technology companies, due to users’ difficulty in understanding how their personal data is used and disclosed on platforms owned by large companies like Google and Facebook.
In Europe, it was only in mid-2021 that regulatory authorities began to significantly enforce fines related to GDPR noncompliance.
Since each country in Europe has its own Data Protection Authority, each responsible for a company operating in several European countries, the number of companies subject to inspections per country and per authority has decreased significantly.
This point is important when analyzing the work of the ANPD, which is the agency responsible for inspecting all companies operating in Brazil, without anyone sharing this burden.
Currently, the ANPD has 100 employees, and even with the excellent work being done by the Agency’s staff, this number is far below the minimum required for the Authority to begin to adequately inspect all companies operating in Brazil.
Of course, there are challenges to be overcome and we must take into account the realities of each country. To better understand this context, check out the article published in JOTA.
Read the full article at: https://www.jota.info/opiniao-e-analise/artigos/aplicacao-da-lgpd-desafios-a-serem-enfrentados-pelo-brasil-30062023
