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Law / Brazil

ANPD Inspection and Sanctioning Procedure Regulation (Resolution CD/ANPD No. 1/2021)

Resolução CD/ANPD nº 1 de 28 de outubro de 2021 (Regulamento do Processo de Fiscalização e do Processo Administrativo Sancionador), Anexo, arts. 5º and 6º

In force since .

An enforcement supervision rule binding public and private bodies.

Obligation class
Governance, Reporting
Audit expectation
on_request
Who audits it
Regulator

What it requires

  • Give the ANPD copies of the documents, data and information it asks for to assess your processing activities, within the period, at the place, and in the format and other conditions it sets.
  • Allow the ANPD access to your facilities, equipment, applications, systems, tools, documents and data relevant to assessing your processing, whether held by you or by third parties, and let it learn which information systems you use to process data.
  • Submit to audits the ANPD carries out or orders, keep documents, data and information for the periods set by law and regulation and for as long as an administrative proceeding that needs them runs, and make available on request a representative with the knowledge and authority to support the ANPD.

These lines are LexLint's reading of the law's text.

What it makes you log

Who may demand the log

Regulator

Logging duty

Article 5 requires the regulated agent to keep documents and data for the periods set by other law and regulation, and for the length of a proceeding that needs them; it creates no log or record of its own.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 5 subjects every regulated agent to the ANPD's inspection and lists duties it owes, among them to provide the documents, data and information the ANPD asks for in the period, place and format it sets. Regulated agents must also allow access to their facilities, equipment, systems and records, submit to audits the ANPD carries out or orders, and provide a representative able to support the ANPD's work.

Article 6 provides that failing these duties may amount to obstruction of the ANPD's inspection activity, which exposes the agent to repressive measures. Under article 8 the periods in the Regulation start from official notice and are counted in business days.

When LexLint raises it

When your app profile says your app processes personal data.

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