Brazil: National Data Protection Authority updates instructions on filing complaints/petitions for violations of LGPD

On 21 December 2021, Brazil's National Data Protection Authority (ANPD) updated its instructions on filing complaints and petitions for violations of the General Personal Data Protection Law (LGPD). The ANPD draws a distinction between complaints and petitions. Complaints can be filed by any legal or natural persons, even when they are not personally affected by a violation. Petitions are made by data subjects whose rights have been specifically violated. Under the updated process, data subjects are instructed to first formally contact the data processor requesting that their rights be respected. If this request is not followed, an official petition can be filed with the ANPD. The ANPD further clarifies that, as its regulatory actions take a general form, it would not necessarily make interventions based on individual cases or specific situations, although it would use information from such cases as part of its aggregate analysis.