LGPD in Hardware Disposal: Executive Protocol to Prevent Leaks and Penalties

Introduction

Secure hardware disposal is a critical step for compliance with the General Data Protection Law (LGPD) in Brazil. Proper management of this process prevents sensitive data leaks and contributes to mitigating legal and financial risks arising from administrative sanctions.

Legal Context of LGPD in Hardware Disposal

The LGPD, established by Law No. 13,709/2018 (available at planalto.gov.br), sets strict guidelines for the processing and protection of personal data, including the disposal of physical media containing information. Article 46 highlights the need to adopt technical and administrative measures capable of protecting personal data against unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication, or dissemination.

Executive Protocol for Secure Disposal

To ensure compliance with LGPD in the disposal of Information Technology (IT) equipment, an executive protocol should be structured involving the following steps:

1. Inventory and classification: identification of assets containing personal data, including computers, servers, storage media, and other devices.
2. Data sanitization: employs certified techniques for the definitive removal of information, such as demagnetization, physical destruction, or use of specific cleaning software as recommended by NIST (NIST SP 800-88r1).
3. Validation and certification: obtaining proof of destruction or sanitization for audit and compliance purposes.
4. Proper final disposition: disposal of hardware in licensed facilities, minimizing environmental and legal risks. For specialized scheduling in the secure disposal of electronic equipment, it is recommended to consult the hardware collection and disposal service.

Specific Care with Storage Media

Physical media such as HDDs, SSDs, and other devices store data that, if not properly destroyed, can cause personal information leaks. Technical protocols suggest the use of certified sanitization processes, ensuring irreversible access to the data. Specialized services can be hired for this purpose, according to the scheduling available at the link media sanitization.

Sanctions and Legal Risks

According to the LGPD, inadequate or negligent processing during disposal that causes data leaks may result in fines ranging from 2% of revenue up to R$ 50 million per infraction, in addition to warnings and blocking the use of data, as per Articles 52 and following of Law No. 13,709/2018. Therefore, maintaining a strict protocol avoids high costs, reputation damage, and legal penalties.

Conclusion

The adoption of a structured executive protocol for hardware disposal in compliance with LGPD is essential to avoid risks of data leaks and administrative sanctions. The combination of technical practices, support from licensed services, and legal compliance ensures the protection of personal information and adherence to current legislation.