TRANSFORMATION OF THE BRAZILIAN NATIONAL DATA PROTECTION AUTHORITY – ANPD INTO A SPECIAL AUTARCHY

On June 13, 2022, the Provisional Measure no. 1,124/2022 – (“MP 1,124/2022”), which transformed the Brazilian National Data Protection Authority (“ANPD”) into a special autarchy, with financial and administrative autonomy, changing the provision of Article 55-A of the Brazilian General Data Protection Law (“LGPD”) was edited.

This transformation will grant the ANPD financial and administrative autonomy, beyond the current technical and decisional autonomy, allowing the new autarchy the possibility to better assess its priorities and decide its course of actions, leading to more security and enhancing data protection. The new rule will also give the ANPD the power to file several judicial claims related to data protection matters on behalf of the society.

Before the MP 1,124/2022, the Article 55-A of the LGPD provided that the ANPD was an entity part of the Brazilian federal administration, under the Brazilian Presidency, but it could be later on transformed into a special autarchy. The provisional measure, effective immediately, used this provision to transform the ANPD into a special autarchy, with the same ANPD’s current regimental structure, until it is ruled a new structure reflecting this change.

Even though the MP 1,124/2022 has immediate effects, the fully conversion into a Law will depend on the approval by the Brazilian National Congress in a period of 60 (sixty) days, renewable once for the same period. This deadline will be affected by the Congress’ recess, from 18 July to 31 July, meaning that the deadline for the MP 1,124/2022 analysis will be 24 August 2022, when the Congress can approve or reject the provisional measure or extend its analysis for an extra period of 60 (sixty) days.

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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