Brazil’s National Data Protection Authority (ANPD) will gain independence from the presidency. Data Protection Authority has been elevated to special agency status under an interim measure announced today.
According to the text, the ANPD will be transformed into an autocratic regime of a special nature while maintaining the organizational structure and capacity of the law that created it in 2018. The interim measure notes that, see Given the authority’s scope of authority, which oversees both the public and private sectors, a shift to autocracy is legally important to ensure independence.
The effects of the interim measure took effect immediately after it was signed, thus giving complete administrative and budgetary autonomy to the ANPD, which previously had only technical and decision-making autonomy. However, for this measure to be signed into law, it still has to be approved by the lower house of the Brazilian National Assembly as well as by the Senate.
The Brazilian Data Protection Regulations (LGPD) have granted the ANPD inspection, sanctioning and regulatory powers. This agency has an important role in the legal framework to protect data subjects, allowing the rational use of personal data in public and private contexts.
The ANPD’s connection to the presidential office has come under heavy criticism since its inception in 2020. When the Brazilian Constitution was amended to make data protection a basic citizen in February, Consumer protection agency Idec said the lack of independence of the authority is “something that goes against the international recommendations to the constitution of the competent authorities on the subject and jeopardizes the necessary oversight of domestic data processing.”
Once the provisional measure creating autonomy is signed into law, the National Data Protection Authority will have the necessary autonomy to fully exercise its legal functions and capacities. This includes activities related to the administrative management of the agency itself.
According to the ANPD, independence from the presidency is consistent with government policies and programs, such as facilitating international trade and increasing competitiveness, in addition to bringing related impacts. important for society and companies, providing compatibility with other management regimes around the world.
In addition, the authorities also noted that this move makes Brazil ready to join international organizations and blocs, such as the Organization for Economic Cooperation and Development (OECD).
“Transforming the regulatory nature of the ANPD will allow the Agency the ability to prioritize actions and produce better outcomes for society,” the agency said in a statement. “In addition, it will bring more legal certainty to individuals and organizations, representing a step forward in LGPD adoption, increasing Brazil’s international prestige and reputation.”
