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Data breach: what to report to the ANPD within three business days

On Tuesday morning, IT says "a few thousand customers" were affected. The three-business-day deadline is already running, and the notification has to go out with numbers nobody has measured.

The course

Why this course

When to notify, what each field requires, how to inform data subjects and how the expert report supports the supplementary filing and the defence.

The LGPD (Brazil's data protection act) requires the ANPD (Brazil's National Data Protection Agency) and the data subjects to be notified of any incident that may cause relevant risk or harm. The ANPD regulation allows three business days, counted from when the controller learns that personal data were affected, and asks for twelve items of information. Almost all of them are technical facts: data affected, number of data subjects, vulnerable individuals, date, cause.

In the first hours, these facts are estimates, and the estimate errs in both directions. A team that feels at fault plays it down. Another reports an incident larger than the analysis later shows. The gap draws the ANPD's attention and leads to requests for supplementary information.

The course shows how to notify with what is known, flag what is an estimate, supplement with an expert report and keep the record that carries weight later.

Length2 hours
TrackIncidents, data and compliance
FormatIn person or live online, open class or in-house. Taught in Portuguese, under Brazilian law
Who it is forData protection, corporate and litigation lawyers, data protection officers (DPOs), compliance and in-house legal teams.
InstructorAdriano Vallim, Forensic Expert and Digital Crime Specialist
CertificateCertificate of attendance stating the course hours, for every participant

I want this course

Pick as many courses as you like: they are kept and arrive ticked on the registration form.

By the end, you will be able to

What changes in your next case

  • Decide, on technical grounds, whether the incident meets the notification criteria.
  • Fix and document the moment the deadline starts to run.
  • Link each field of the notification to the technical source that answers it.
  • Organise data subjects into exposure groups, with vulnerable individuals counted separately.
  • Use a supplementary filing backed by a report that compares what was declared with what was measured.
  • Require proof of the mitigation measures, which weighs in the penalty assessment.
Programme

2 hours, block by block

0:00
The number from the first hours 10 min
  • Opening case
  • The estimate that errs both ways
  • A number without a source
0:10
Notify or not, and when the clock starts 20 min
  • LGPD, art. 48, and the regulation's criteria
  • Awareness that personal data were affected
  • Small-scale processing agents and the non-notification assessment
0:30
What the ANPD asks for, field by field 25 min
  • The twelve items and the source of each one
  • Measured, estimated, unknown
  • Supplementary filing within twenty business days
  • Confidential infrastructure details in an annex
0:55
Data subjects, record keeping and penalty assessment 30 min
  • The notice to data subjects
  • Exposure groups and vulnerable individuals
  • Ordinary and sensitive data at the STJ (Brazilian Superior Court of Justice)
  • Five-year record and proven measures
1:25
Exercise: notifying with what is known 20 min
  • Breach scenario in a customer database
  • Classify each field
  • Plan for the supplementary filing
1:45
Questions and cases from the audience 15 min
  • Participants' cases, without identification
  • Notify, supplement or record
  • Bridge to the course on the first hours
Cases in class

The cases used in class

REAL CASE · ANONYMISED

Expert report for a large-scale incident

A company had to notify the ANPD of a large-scale incident, and the numbers from the first hours were estimates. The examination delimited the incident, separated the data subjects into exposure groups, identified the vulnerable individuals and placed the technical details in a confidential annex. The report provided the basis for the supplementary filing.

Related page →

REAL CASE · ANONYMISED

The privacy lawsuit closed without a court-ordered examination

A company was accused of sharing users' data through its website without consent. The opinion examined the scripts, the data sent in each flow and the copy of the website filed by the claimant, and showed that there had been no violation. The case was closed without a court-ordered examination.

Related page →

ILLUSTRATIVE EXAMPLE

The enrolment database

A school notices that someone copied its enrolment database, with data on underage students and their parents or guardians. The deadline is already running, and nobody knows how many students were affected. The examination preserves the logs, delimits the period and the account used, counts children and adolescents separately and delivers first what the notification requires.

Practice and materials

Ready to use the next day

Hands-on exercise

In groups, participants receive the scenario of a breach at an online shop, with what IT knows 30 hours after discovery. In 15 minutes, they mark each of the twelve fields as measured, estimated or unknown, indicate the technical source that will close it and decide what is left for the supplementary filing.

Materials provided
  • Table of the ANPD notification fields: the regulation's twelve items and the technical source of each one.
  • Three-business-day checklist: what to record, decide and notify before the deadline ends.
  • Exposure group matrix: how to group data subjects by the data affected and what to recommend to each group.
  • Incident record outline: the minimum items of the record kept for five years.
Questions on the topic
Does every incident have to be reported to the ANPD?
No. Only one that may significantly affect data subjects and involves at least one criterion: sensitive data, data of children, adolescents or older people, financial data, authentication data, data protected by secrecy, or large scale (CD/ANPD Resolution No. 15/2024, art. 5º). An incident that is not reported is also recorded.
Can we notify with estimated numbers?
The regulation allows a reasoned supplement within twenty business days (CD/ANPD Resolution No. 15/2024, art. 6º, § 3º). The technical point is to flag the estimate and have the source that will close it: the expert report.
Who makes the notification, the expert or the company?
The controller, through its data protection officer or a representative. The examination provides technical support and produces the report. The expert does not represent the company before the ANPD.

Laws and rulings discussed

LGPD, art. 48 (Brazil's data protection act)  ·  LGPD, arts. 43 and 55-A  ·  CD/ANPD Resolution No. 15/2024, arts. 3º and 5º to 10 (ANPD, Brazil's National Data Protection Agency)  ·  CD/ANPD Resolution No. 4/2023, arts. 8º and 13  ·  STJ (Brazilian Superior Court of Justice), AREsp 2,130,619/SP  ·  STJ, REsp 2,121,904/SP

See also

LGPD, ANPD and Data Breach Forensics →   Forensic Services in Insurance and Cyber Claims →   Cloud, Identity and DevOps Forensics →   Expert Reports and Opinions →   See all courses →

Bring this course to your firm

Open class or in-house for your team, in person or online. Tell us the group size and preferred date: you will hear back within 24 business hours.

I want this course

The technical evidence your case requires. The authority courts respect.

Initial feasibility consultation at no cost. Reply within 24h on business days.
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