A ATUAÇÃO DA ANPD NO CASO DO VAZAMENTO DE DADOS DO INSS EM 2022: garantindo a proteção dos direitos fundamentais em tempos de crise

Abstract

The protection of personal data is a fundamental right essential for ensuring the privacy and security of individuals, and the leakage of sensitive data can cause significant harm. In this context, the National Data Protection Authority (ANPD) plays a crucial role in regulating, supervising, and sanctioning practices related to data processing. This work aims to analyze the legality of the ANPD's actions and the guarantee of transparency and protection of data subjects' rights in the INSS security incident in 2022, in light of the LGPD. It also seeks to assess the compliance of the measures adopted by the ANPD, such as audits, recommendations, and sanctions, with its legal duties. The research employs an inductive approach, examining the INSS data breach case in 2022 to evaluate the compliance of the measures adopted by the ANPD, such as audits, recommendations, and sanctions, with its legal attributions, combined with the monographic method and techniques of bibliographic and documentary research, as well as case study. The conclusion shows that, despite its still-developing structure, in this fifth decision on a data security incident, the ANPD generally acted effectively to supervise and sanction the INSS, demonstrating the importance of its role in enforcing the LGPD and protecting data subjects' rights in crisis situations.