Bill 500/2021 on the amendment of the General Law on the Protection of Personal Data (LGPD) was presented in the Chamber of Deputies, in order to postpone for four months the beginning of the term of the articles related to the application of fines, which is foreseen to August 1, 2021. The first postponement of the provisions dealing with these sanctions was included in the LGPD by Law No. 14.010 / 2020 regarding the regulation of legal relationships under private law in the pandemic.
The PL covers items II and III of article 52, providing for in the list of administrative sanctions to which data processing agents are subject, simple and daily fines, linked to the company’s billing, as well as articles 53 and 54, dealing with the regulation of this theme by the National Data Protection Authority (ANPD). Therefore, other sanctions, such as warning, disclosure of the infraction, blocking of personal data, partial suspension of the operation of the database and the exercise of the activity of processing of personal data are outside its scope.
The justification is based on the perception that “the social and economic effects of the pandemic continue to grow exponentially”. Thus, according to the PL, such developments constituted significant obstacles to the adaptation of companies to the requirements of the LGPD, which would add up to “technical and financial challenges”, demonstrating “the impossibility of, in this context, to face the fines provided for in the Law” .
It should be noted, however, that the ANPD has already started the regulatory activity regarding the application of the LGPD for micro-enterprises, small businesses and startups, item 3 of the Regulatory Agenda 2021-2022. In that document, it was also foreseen, in the first half of 2021, the beginning of the regulation process of article 52 and following of the LGPD regarding the inspection and application of administrative sanctions, including the elaboration of a methodology aimed at calculating the base value of fines.
Wilson Sales Belchior
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