The National Data Protection Authority (ANPD) and the National Consumer Secretariat (Senacon) signed a technical cooperation agreement on March 22, 2021 aimed at joint actions involving the exchange of information and coordination of efforts between the institutions, in addition to the organization and dissemination of knowledge about the protection of personal data in consumer relations.
The 24-month project is proposed as an establishment by the ANPD of a “permanent communication forum” (art. 55-J, § 4, LGPD) with the body responsible for coordinating the National Consumer Protection System, the order to facilitate the exercise of their respective competences. In this way, the ANPD will set the interpretations necessary for the application of the LGPD and Senacon will start to share information collected about complaints that deal with the protection of consumers’ personal data.
In this sense, an action plan was organized, jointly responsible by the sectors that make up the ANPD and Senacon, with a continuous duration for the duration of the technical cooperation agreement, divided into five axes, namely: inspection actions; information sharing; indicators; consumer complaints and security incidents; and training.
The importance of standardizing these procedures is linked to the possibility granted by LGPD to holders of personal data to exercise before the ANPD and consumer protection agencies the right to petition regarding their data in the face of the controller (art. 18, §§ 1 and 8th, LGPD). Likewise, the application of consumer legislation and the sanctions provided for in the Consumer Protection Code to eventual violations of the holder’s rights in consumer relations (art. 45 and art. 52, § 2, LGPD).
The results expected by the institutions with the technical cooperation agreement are to improve the protection of personal data in consumer relations. What should happen through the establishment of inspection parameters and procedures; sharing of statistical data on consumer complaints in this area for the development of indicators; performance in security incidents; and educational actions associated with this theme.
Wilson Sales Belchior
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