On November 4, the National Data Protection Authority (ANPD) began the registration of experts interested in discussing the preparation of a registration model to simplify the operations of personal data processing performed by small agents (ATPP). Experts interested in collaborating with the submission of information should manifest until December 4th, through the Participa Mais Brasil platform.
Article 9 of the Regulation for the application of the LGPD to small agents, approved by Resolution CD/ANPD No. 2, provides for the availability by the ANPD of a model for simplified registration of personal data processing operations for these agents. The model is a spreadsheet containing: (i) instructions for filling in the document; (ii) a model treatment record, with 15 columns for filling in relevant topics in making the record, which may be adapted to the organizational reality of each treatment agent; (iii) examples on how to fill in the register.
The ANPD, according to its regulations, classifies ATPPs in the following categories: small businesses; startups; legal entities of private law, including non-profit; natural persons and non-personalized private entities. The legal nature, gross revenue, and treatment risk are also considered.
Resolution CD/ANPD No. 2 attributed a distinguished legal regime to these small treatment agents with the relaxation of some of the LGPD’s obligations, such as the exemption from the obligation to appoint an executive/person in charge of processing personal data.
In this context, the ANPD has launched an Information Security Guide for ATPPs, presenting some information security measures, with the aim of protecting personal data under the custody of small agents, who often do not have specialized information security personnel on their staff.
The ANPD intends to receive contributions from personal data processing agents, data subjects, experts and other interested parties with the aim of constituting a good practice and assisting in the documentation of data use by organizations.
More information about the model provided and registration for those interested in collaborating are available at this link.
