APPROVAL OF THE REGIMENTAL STRUCTURE OF THE CNPD

The National Council for Personal Data and Privacy Protection (“CNPD”) approved the Resolution CNPD n. 01, that established the CNPD’s Regimental Structure, providing rules regarding the entity’s structure and functioning.

The CNPD is an advisory entity subpart of the Brazilian National Data Protection Authority (“ANPD”), with statutory authority to:

  1. propose strategic guidelines and provide subsidies for the preparation of Personal Data Protection and Privacy National Policy and for the operation of the ANPD;
  1. prepare annual reports to evaluate the execution of the actions of the Personal Data Protection and Privacy National Policy and hold public debates and public hearing on personal data protection and privacy; and
  1. suggest actions to be performed by the ANPD and disseminate knowledge about the protection of personal data and privacy to the general population.

The CNPD will be comprised of 23 (twenty-three) representatives, with one alternate for each representative, appointed by the Brazilian Republic President, distributed as following, considering the number of representatives and their respective origin:

1 (one) Member2 (two) Members3 (three) Members
Civil House, who will be CNPD’s PresidentMinistry of Justice and Public SecurityMinistry of EconomyMinistry of Science, Technology, and InnovationInstitutional SecurityFederal SenateHouse of RepresentativesNational Council of JusticeNational Council of Public ProsecutorsBrazilian Internet Steering CommitteeEntities of the business sector related to the area of personal data processing
Labor sector
Entities of the civil society with experience related to personal data protection
From scientific, technological, and innovative institution
From trade union confederations representing the economic categories of the sector

The CNPD’s Regimental Structure also provides that each civil representative will have a two-year term, with the possibility of one reappointment, and that the representatives can lose their term, by way of a Brazilian Republic President’s decision, in case of:

  1. misconduct, after a procedure by the ANPD’s Internal Affairs Office;
  1. missing more than three consecutive or five nonconsecutive CNPD’s meeting, without a justifiable reason and the alternate’s presence, after a procedure by the CNPD’s President or the ANPD’s Board of Directors, if the representative in case is the CNPD’s President;
  1. a substitution request from the entity that appointed the representative, with the appointment of the new representative; 
  1. loss of link or connection between the representative and the entity responsible for the appointment; and
  1. written resignation.

Representative’s function will be considered as an unpaid public service, with the representatives being regarded as public agents and subject to Law no. 8,429/92 – Administrative Improbity Law.

Moreover, the CNPD’s Regimental Structure also provides the powers of the CNPD’s President (art. 4), the CNPD’s representatives (art. 5) and the ANPD’s General Secretariat, who will provide administrative support to the CNPD.

According to its Regimental Structure, the CNPD will hold three ordinary meetings per year and extraordinary meetings when deemed necessary. The quorum to start a meeting is sixteen members, while the quorum to provide decisions is by a simple majority, except when the matter in subject is an alteration to the Regimental Structure, in which case the quorum will be by an absolute majority. All representatives shall vote, unless there is an impediment or suspicion, and the President’s vote will be considered as casting vote, in case of a draw.

The Regimental Structure also provides that CNPD can establish work groups, with a six-month term, renewable once, to analyze and study specific matters, composed by an odd number of representatives, limited to seven. It can create as many as five simultaneous work groups, except if provided otherwise by the CNPD’s President.

Our team is at your disposal for further clarifications, as well as to provide assistance with the procedures for fulfilling LGPD and/or ANPD regulatory obligations.

Gustavo Flausino Coelho – gustavo@bastilhocoelho.com.br 

Fernando Naegele – fernando@bastilhocoelho.com.br 

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