Just a simple application to create awareness about Data Security and Privacy.
You can change the values with the Privacy and Security fines from your state or country.
It's was made just to show clients what would be their final financial loss in case of non-compliance with legislation.
- Mild Infraction: Not classified as average or serious and does not fall into any of the hypotheses related in §§ 2nd or 3rd of art. 8th of the Resolution.
- Average Infraction: May significantly affect the fundamental interests and rights of data subjects and may lead to material or moral damage to data subjects, such as discrimination, violation of physical integrity, the right to image and reputation, financial fraud, or misuse of identity.
- Serious Infraction: Fulfills the criteria for an average infraction and also involves the processing of personal data on a large scale, seeks economic advantage, implies a risk to the life of the subjects, involves sensitive data or data of children, adolescents, or the elderly, is carried out without support in one of the legal hypotheses provided for in the LGPD, involves treatment with illicit or abusive discriminatory effects, systematic adoption of irregular practices, or constitutes obstruction to supervisory activity.
- Degree 0: When there is no damage or possibility of damage to data subjects.
- Degree 1: When the infraction causes minimal damage to data subjects, which can be promptly remedied without major impacts.
- Degree 2: When the infraction causes moderate damage to data subjects, requiring significant effort for correction or may generate relevant negative impacts on the private life, honor, or image of data subjects.
- Degree 3: When the infraction causes serious damage to data subjects, which can cause relevant material, moral, individual, or collective damages, including death or physical injury to data subjects.
Note: In these fields, numbers representing the quantity of recurrences/violated measures should be inserted.
- Specific Recidivism: Refers to the repetition of an infraction by the same offender under the same legal or regulatory provision within a 5-year period, increasing the base value of the simple fine by 10% for each case of specific recidivism, up to 40%.
- Generic Recidivism: Refers to the commission of an infraction by the same offender, regardless of the legal or regulatory provision, within a 5-year period, increasing the base value of the simple fine by 5%, up to 20%.
- Violation of Orientation or Preventive Measures: Refers to measures recommended by the ANPD that were not complied with, and this can be considered an aggravating factor.
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A. Cessation of the Infraction:
- Reduction of 75% if the infraction is ceased before the initiation of the preparatory procedure of the ANPD.
- Reduction of 50% if the infraction is ceased after the initiation of the preparatory procedure and before the initiation of the administrative sanctioning procedure.
- Reduction of 30% if the infraction is ceased after the initiation of the administrative sanctioning procedure and before the decision of the first instance within the scope of the procedure.
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B. Implementation of Good Practices and Internal Mechanisms:
- Reduction of 20% in cases where good practices and governance policies are implemented, or internal mechanisms are adopted to minimize damage to data subjects, up to the decision of the first instance within the scope of the administrative sanctioning procedure.
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C. Measures to Reverse or Mitigate the Effects of the Infraction on Affected Data Subjects:
- Reduction of 20% if the measures are proven before the initiation of the preparatory procedure or administrative sanctioning procedure by the ANPD.
- Reduction of 10% if the measures are proven after the initiation of the preparatory procedure and before the initiation of the administrative sanctioning procedure.
- Reduction of 5% in cases where there is cooperation or good faith on the part of the offender.
This project is licensed under the MIT License - see the LICENSE file for details.