Brazil’s data protection authority to gain independence from presidential office



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.”

Source



Related News

Apple’s car is favored by consumers before it even exists – 26% would consider buying one from an iPhone maker – as firm hires former VP of Hyundai’s autonomous vehicle lab

Apple's non-existent self-driving car is already being adopted by consumers as a new survey shows that 26 percent of drivers would 'definitely consider'

The great paradox of the gas cap: why we have come out ahead despite having to pay more than ever

What we save on one side, we pay for on the other. The cap on gas has helped lower the price of a megawatt hour of energy, but the additional compensation to

AMD Ryzen 5 7600X Stock and 5.6 GHz OC CPU Benchmark Leaked Out, Equivalent to Core i9-12900K in Single-Threaded Test

More benchmarks of AMD's Ryzen 5 7600X CPUs in stock and overclocked configurations have leaked to Bilibili.

Google Drive: the steps to share a file as a link from the app

google drive It is one of the most feasible options to store and send any type of file, photos, videos, among others. This because the apps It features

More than 1,800 iOS and Android apps are leaking your data

The alarm is being raised by Symantec, a cyber security organization with which the private information of millions of people can be accessed through multiple

Physicists break down the speed of light with pulses inside hot plasma

Most of us are familiar with the prevailing law that limits how quickly information can travel through empty space: the speed of light, which tops out at