The Brazilian National Data Protection Authority, responsible for regulating personal data processing in Brazil, continuing the development of its monitoring activities and safeguarding the right to data protection, has made available a new page for filling out forms for complaints and petitions from data subjects, as well as for clarifying doubts about these two types of communication to the Authority.
The complaint form can be submitted by any person, natural or legal, and is generally related to generic situations that affect a group of data subjects, with the possibility of being requested anonymously. The data subject’s petition, on the other hand, must always be carried out by the data subject who, after a notification to the controller, is still unable to exercise his rights in a satisfying manner, without the possibility of anonymization and proving the previous notification to the controller.
ANPD emphasizes that both types of communication may have their contents shared with the respective processing agent’s legal representative or DPO, including the personal information and documents attached by the notifying party. In addition, the Authority informs that, as a rule, all requests will be analyzed in aggregate form, without direct intervention or even the sending of an individualized response.
The procedure for receiving such communications is regulated by the LGPD and by articles 20, 25 and 26 of the Monitoring Procedure’s and Sanctioning Administrative Procedure’s Regulations, approved by Resolution CD/ANPD n. 1/2021. The purpose of the channels provided, therefore, is to guide and improve the planning of the Authority’s inspection actions through the reported situations’ aggregate analysis – with exceptions relating to serious situations that may affect a large number of people.
The page can be accessed via https://www.gov.br/anpd/pt-br/canais_atendimento/cidadao-titular-de-dados/denuncia-peticao-de-titular.
Our team is at your disposal for further clarifications, as well as to assist with questions related to data protection.
Gustavo Flausino Coelho – gustavo@bastilhocoelho.com.br
Fernando Naegele – fernando@bastilhocoelho.com.br
Larissa Santos Bastos – larissa@bastilhocoelho.com.br