Brazil’s National Data Protection Authority (ANPD) will gain independence from the presidency. The data protection body was granted special authority status under a provisional measure published today.
According to the text, the ANPD will be transformed into an autocracy of a special nature while maintaining the organizational structure and competencies of the law enacted in 2018. The provisional measure notes that, given the scope of the authority’s powers, which oversees both the public and private sectors, the shift towards becoming an autocrat is legally important to ensure independence.
The provisional measure takes effect immediately upon its signing, thus giving the ANPD full administrative and budgetary autonomy, which previously had only technical and decision-making autonomy. However, for the measure to be definitively signed into law, it would still require approval by the lower house of the Brazilian Congress as well as the Senate.
The Brazilian Data Protection Regulation (LGPD) has given the ANPD powers of oversight, approval and regulation. The authority has an important role in the legal framework to protect data subjects, which enable the fair use of personal data in public and private contexts.
ANPD’s link with the presidential office has been heavily criticized since its inception in 2020. When Brazil’s constitution was amended in February to make data protection a fundamental citizen, consumer protection body Idec said the lack of authority’s independence was “something that goes against international law”. and jeopardizes the necessary supervision of data processing in the country.”
After the provisional measure creating autonomy is signed into law, the National Data Protection Authority will have the autonomy necessary to perform its functions and legal capabilities fully. It includes activities related to the administrative management of the body.
According to the ANPD, its independence from the presidency is associated with government policies and programs, such as facilitating international trade and increasing competition, with other regulatory regimes around the world, in addition to bringing relevant effects to society and companies. Providing compatibility.
In addition, the authority noted that the move improved Brazil’s preparedness for entry into international organizations and blocs, such as the Organization for Economic Co-operation and Development (OECD).
“The change in the legal nature of ANPD will enable the authority to prioritize actions and deliver better outcomes for the society,” the authority said in a statement. “In addition, it will bring greater legal certainty to individuals and organizations, representing progress in the application of the LGPD, thereby increasing Brazil’s international reputation and credibility.”
