The first sanction for non-compliance with the LGPD to the private sector was applied by the National Data Protection Authority (ANPD) to Telekall Infoservice
By Patricia Peck, founding partner of Peck Advogados and professor of Digital Law at ESPM.
A Telekall Infoservice was the first private sector company to suffer sanctions from National Data Protection Authority (ANPD). O sanctioning order was published this Thursday, 6, in the Official Gazette (DOU).
In the order, signed by the inspection coordination of the body, Telekall received a warning, without imposition of corrective measures, for violation of art. 41 of the General Law for the Protection of Personal Data (LGPD) and a simple fine in the amount of R $ 14,4 thousand, of which R$ 7,2 thousand per violation of art. 7 of the LGPD and BRL 7,2 thousand for violating art. 5 of the Inspection Regulation.
In the two sanctions published in the order, it is not specified what Telekall Infoservice failed to comply with. The company, however, was list released by the ANPD in March this year sanctioning processes. Conducts were investigated in the absence of: proof of a legal hypothesis; operations record; failure to send a Data Protection Impact Report; absence of person in charge of personal data; and non-compliance with ANPD's request.
The points are related to the LGPD articles that the company would have failed to comply with. Article 41 says that the data controller must indicate the person responsible for the processing of personal data, keeping the identity and contact information of the person in charge publicly disclosed, in a clear and objective manner, preferably on the controller's website.
Already the art. 7th of Brazilian data protection legislation deals with the cases of processing of personal data. In this case, the consent by the holder is included among the hypotheses; compliance with a legal or regulatory obligation by the controller; and for the protection of the life or physical safety of the holder or a third party.
Analysis of the sanction in favor of the LGPD
For Patricia Peck, a lawyer specialized in Innovation and Digital Law and CEO of the Peck Advogados law firm and Member of the National Council for Data Protection (CNPD), the publication of the first sanction by the ANPD shows that the body is in full operation and fulfilling its supervisory role . “The application of the ANPD sanction is very much in line with the style of the Spanish authority, where closer, more responsive inspection is seen”.
Peck also points out that the amounts of fines applied show that offenses were minor. “So, it is possible for the treatment agent to correct the behavior. On the other hand, it is a sign that other types of violation that can be classified mainly in high gravity will also have the same measure of application ratio. That is: low gravity violations, the fine is minimal, and high gravity violations, higher values”, said Patricia Peck to TELETIME.
Source: Teletime