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Privacy and Personal Data Protection Alert – December 2020

ALERT- PRIVACY AND PERSONAL DATA PROTECCION

New methodology for calculating personal data protection infringements

The National Authority for the Protection of Personal Data has adopted a methodology for the calculation of fines to be imposed on those who violate the rules on the protection of personal data.

Ministerial Resolution No. 0326-2020-JUS published on December 25 in the Official Gazette El Peruano, and whose Annex was published on the institution’s website on December 28, contains the following new information:

  1. The methodology applies to individuals, legal entities or public entities that process personal data.
  2. It contains two formulas for the calculation of fines:
  •  Preset: this is a base amount previously allocated according to the severity of the damage to the protected legal asset. It generally applies to (i) minor and serious infringements in the range of 0.5 and 50 UITs or (ii) when the existence of the illicit benefit is not ascertained.
  •  Ad hoc: it is determined according to the illicit benefit (e.g. what is received or saved by the infringement) and the probability of detection. It generally applies to very serious infringements in the range of 50 and 100 UITs.
  1. Criteria are established for the determination of aggravating factors (economic damage, recidivism, intentionality and circumstances of the infringement) and mitigating factors (recognition of liability, partial amendment and spontaneous recognition).

The provisions established shall be applicable from January 26, 2021. The Methodology, the Ministerial Resolution that adopts it and its Annex are available at the following link.

The National Authority for the Protection of Personal Data has adopted a methodology for the calculation of fines to be imposed on those who violate the rules on the protection of personal data.

Through Ministerial Resolution No. 0326-2020-JUS, the National Authority for the Protection of Personal Data has adopted a new methodology for calculation of fines to be imposed on those who violate the rules on the protection of personal data.