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 elevated to the special authority status under a provisional measure published today.

According to the text, ANPD will be transformed into an autarchy of a special nature while still maintaining the organizational structure and competences of the law that created it in 2018. The provisional measure notes that, considering the scope of the powers of the authority, which oversees both the public and private sectors, the shift towards becoming an autarchy is legally important to ensure independence. 

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The effects of the provisional measure become immediate after its signature, thus giving full administrative and budgetary autonomy to ANPD, which previously had only technical and decision-making autonomy. However, for the measure to be definitively signed into law, it will still require on approval by the Lower House of the Brazilian Congress as well as the Senate.

Brazil’s data protection regulations (LGPD) granted the ANPD powers of inspection, sanction, and regulation. The authority has a critical role in the legal framework for the protection of data subjects, which enables the proper use of personal data in public and private contexts.

ANPD’s link with the presidential office

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