Regulation on the role of the data protection officer is approved by the ANPD (National Data Protection Authority).

The Official Gazette of the Union published today Resolution CD/ANPD No. 18 of July 16, 2024, which approves the Regulation on the role of the Data Protection Officer.

It is worth noting that the General Data Protection Law (LGPD) defined the figure of the Data Protection Officer in its article 5, item VIII, and dedicated a specific article to their main responsibilities.

Now, with the Regulation, there is more detail regarding the role and activities of the Data Protection Officer, as well as clearer rules about the importance of their role as an interlocutor between the data controller, the data subjects, and the National Data Protection Authority (ANPD).

No less important, the Regulation introduces provisions on the need to disclose the contact information and identity of the Data Protection Officer, the duties and obligations of data controllers (controllers and processors), and establishes new rules related to supplementary obligations applicable when the figure of the Data Protection Officer is dispensed with, which occurs in the case of small data controllers.

Another relevant issue raised by the Regulation concerns the possibility of the Data Protection Officer accumulating functions. The regulation establishes that the Data Protection Officer may accumulate functions and perform their activities for more than one data controller, provided that it is possible to fully fulfill their duties related to each data controller and there is no conflict of interest .

We also highlight, regarding conflicts of interest, that the aforementioned Regulation establishes that the existence of a conflict of interest may lead to the application of sanctions to the data controller under Article 52 of the LGPD (Brazilian General Data Protection Law).

This Regulation is extremely important and represents a significant advance, bringing greater legal certainty to personal data processing operations, especially due to the important role played by the Data Protection Officer, including as a driver of the protection and guarantee of the fundamental rights of privacy and personal data protection.

De Vivo, Castro, Cunha e Whitaker Advogados is available to clarify any doubts related to this matter, especially regarding aspects related to conflicts of interest and the limits of the Data Protection Officer’s activities and functions, aiming to mitigate the application of any administrative sanctions for non-compliance with the rules and other regulations applicable to the subject of personal data protection and privacy.

Link: https://www.in.gov.br/en/web/dou/-/resolucao-cd/anpd-n-18-de-16-de-julho-de-2024-572632074

Source: ANPD