Autoridade nacional de proteção de dados (ANPD) e o regime sancionatório da administração pública direta

Abstract

The present study aims to address the following question: Are the sanctions outlined in the LGPD, which can be enforced by the ANPD against the Direct Public Administration, deemed appropriate and effective in achieving the goals of the LGPD? The primary objective of this research is to investigate the suitability and efficacy of the punitive measures established in the LGPD, potentially applicable to the Direct Public Administration, to discern whether they are capable of actualizing the intentions aspired by the LGPD. Moreover, specific objectives of this work include: a) examining the context of authority establishment within the European data protection framework to identify benchmarks for the formation of such authorities, acknowledging the significance of the General Data Protection Regulation (GDPR) as a primary inspiration for the LGPD and its influence on various facets and features of the National Data Protection Authority (ANPD); b) ascertaining if the sanctions provided in the LGPD are fitting within the Brazilian punitive context, particularly concerning oversight and penalty imposition on the Direct Administration, and examining their ability to bring about the outcomes sought by the LGPD; c) proposing suggestions for potential areas of enhancement in relation to the Brazilian punitive model within the ANPD's purview and its role in relation to the Direct Administration.