Public sector is the biggest target of data protection agency – 07/31/2023 – Panel

Seven of the eight lawsuits filed by the National Data Protection Authority (ANPD) target public sector entities. They were opened between March and October 2022.

The most recurrent behaviors are failure to comply with ANPD requests, lack of communication about a security incident and non-compliance with protective measures.

Two of the lawsuits refer to the federal government, both involving the Ministry of Health of the Jair Bolsonaro (PL) government. The ANPD, responsible for ensuring compliance with the General Data Protection Law (LGPD), created in 2018, does not give details of the processes or the deadline for their completion.

There are also lawsuits against the Rio de Janeiro Botanical Garden Research Institute, the Federal District Education Secretariat, the Santa Catarina Health Secretariat, the São Paulo State Public Servant Assistance Institute (Iamspe) and the Development Secretariat. Social, Children and Youth of Pernambuco.

The only private entity targeted by the lawsuit is Telekall, a telephone company in Espírito Santo, which received a fine for disclosing data on individuals without authorization.

According to criminal lawyer Carolina Carvalho de Oliveira, partner at Campos & Antonioli Advogados, the judgments at the ANPD “depict the reality and need to apply the LGPD in all sectors, showing that the public sector also has rules to be complied with”.

“The LGPD was a breakthrough that contributes to all branches of law and, for its complete application, the ANPD needs to deliberate on rules and agreements in order to seriously treat violations of the law, whoever the offender is”, he says.

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