ARTICLE · 04 JANUARY 2022

Brazilian Data Protection Authority (ANPD) Updates System For Filing Complaints

Littler Mendelson

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On December 21, 2021, the Brazilian Data Protection Authority (ANPD) updated instructions on how and when data subjects can file a complaint against a data controller for possible violation of the their rights under the General Data Protection Law.

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On December 21, 2021, the Brazilian Data Protection Authority (ANPD) updated instructions on how and when data subjects can file a complaint against a data controller for possible violation of the their rights under the General Data Protection Law (LGPD). The LGPD is Brazil's all-encompassing data protection law similar to the European Union's GDPR. The LGPD imposes certain requirements on data processing agents (which include controllers and processors of data) to safeguard the data privacy rights of individuals (data subjects). The ANPD has the authority to impose administrative sanctions for LGPD violations.

Under the updated instructions, the data subject must first formally contact the controller to try to get their request(s) answered or addressed. If the controller fails to resolve the issue, the data subject can petition the ANPD to intercede. The petition has to be submitted online and the data subject must provide the data controller's or processor's

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