LGPD: find out how to file a knowledge topic petition?


Clarifications on information processing operations, correction of incomplete or outdated information, deletion of information, and so forth. are among the many collection of rights assured by Regulation nº 13.709/2018, often known as the Basic Information Safety Regulation (LGPD). Nonetheless, the information topic doesn’t all the time have the request promptly answered.

If this happens after a request that isn’t resolved by the controller, the particular person can file a holder petition on-line and ship it to the Information Safety Authority (ANPD). You will need to emphasize that earlier than submitting the petition to the particular autarchy, it’s obligatory for the request to train the rights of the information controller.

Learn how to file a knowledge topic petition?

First, the information topic or constituted authorized consultant should formalize an specific request on to the controller, accountable for the processing of non-public information. The controller may be, for instance, a retailer that collected private information from a buyer for registration.

If the request through direct contact with the controller by means of official channels will not be met, a petition by the holder could also be forwarded to the ANPD.

  1. Use the Digital Petition;
  2. Use the method sort “ANPD — Holder’s Petition”.

Picture: copy/ANPD

In accordance with the LGPD, when submitting the petition to the Authority, the information topic should ship proof of the request submitted to the information controller. When formalizing the request by means of the official channels of the controller, it is strongly recommended that the information topic preserve the contact information, resembling, for instance, protocol quantity, directions acquired, messages and emails.

Identification of the holder, their respective consultant (if relevant) and the processing agent (controller and operator) are additionally required.

LGPD: how to file a data subject petition?

Picture: Lightspring/

How is the remedy of holder petitions acquired by the ANPD?

The proprietor’s petitions acquired by the ANPD are analyzed in combination by the Basic Inspection Coordination, and any measures ensuing from them are adopted in a standardized method (LGPD, artwork. 55-J, paragraph 6, and CD/ANPD Decision No. 1, of October 28, 2021, artwork. 26).

On this manner, the ANPD doesn’t essentially intervene within the particular conditions reported by information topics, or the person remedy of those requests. Nonetheless, they represent essential sources of data and shall be thought of for the choice of matters that shall be topic to inspection by the Authority.

Proof of fraud or suspected leak of information topic? Learn how to proceed?

If there’s proof of fraud within the processing of the information topic, it’s suggested that the criticism be formalized by the use of a police report, earlier than the competent police authority.

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