ANPD applies the first fine for non-compliance with the LGPD – National Data Protection Authority

a General coordination of the inspection from ANPD (CGF/ ANPD) generalOr in the Official Gazette issued yesterday (06/07) the penalty arising from Completion of the sanctioning administrative process against the a company Telecall Infoservice (access the DOU publication here).

CGF/ANPD concluded that the company violated the arts. 7 and 41 of the LGPD, in addition to Art. 5 of the ANPD inspection regulation.

for violating art. 7 of the LGPD, art. 5 of the inspection regulation, minor fine penalties were applied. Non-compliance with Art. 41 of the Code resulted in a warning penalty.

Since it is a small enterprise, the amount of each violation was set at 2% of its total revenue, in accordance with Art. 52, 2, of the LGPD, for a total fine of R$14,400.00.

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The inspection began after a complaint that Telekall Infoservice was providing a list of WhatsApp contacts to voters for the purpose of disseminating campaign materials. The reported facts were related to the 2020 municipal elections in Ubatuba/SP.

The National Agency for Refugees has verified that the processing of reported personal data is carried out without legal support. It has also been verified that there is no evidence of indicating the person responsible for the processing of personal data by the company.

Although it is a small company, Telekall has not demonstrated that it has not carried out a severe treatment, which is a necessary condition to make the requirement to appoint the responsible person exceptional.

In view of the signs of violation of the General Quality Management Law and non-compliance with the decisions of the inspection team by the company, the General Coordination Team / National Anti-Corruption Agency issued a notice of violation to initiate administrative procedures for penalties.

Telekall Infoservice was notified of the preparation of the infringement notice and has submitted its defence. Once the investigation was complete, CGF/ANPD concluded that there was a violation of Art. 7 and Art. 41 of the LGPD, Art. 5 of Resolution CD / ANPD No. 1/2021, to apply the penalties described above. The same regulations provide for the possibility of appealing the decision before the Board of Directors of the Authority.

Access the CGF/ANPD report on which the decision was based here.