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Big Changes To ANPD With Provisional Measure No. 1,124 – Data Protection & More Breaking News Headlines Today

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On Monday, Provisional Measure No. 1,124 was
published, amending Law No. 13,709 of 2018—the Brazilian
General Personal Data Protection Law (LGPD)—which brings
significant changes to the configuration of the Brazilian
National Data Protection Authority (ANPD).

Provisory Act nº 1.124 of 2022 does not modify ANPD’s
authorities or its overall organizational structure provided for in
art. 55 and following of the LGPD but essentially transforms the
ANPD into an autarchy of a special nature. To date, the ANPD has
been an integral body of the Presidency, as provided for in its
Regimental Structure. When the ANPD’s new Regimental Structure
is published, the ANPD will be endowed with technical and
decision-making autonomy, its own assets and a legal personality
separate from the Presidency.

While still needing to be approved by the National Congress to
be converted into a law, the provisional measure is already in
force.

This change brings practical consequences, such as:

  • Greater independence and autonomy levels for the
    ANPD
    . Being considered an autonomous entity is essential
    for inspection and sanctioning bodies, and this change removes
    ANPD’s hierarchical subordination, giving the ANPD autonomy
    similar to that of other special regime agencies, such as other
    Brazilian regulatory agencies and the Brazilian Central Bank.
  • Enabling the ANPD to act autonomously before the
    Judiciary
    . By becoming an autarchy of a special nature,
    the ANPD acquires procedural autonomy, which is highly relevant to
    the plan for personal data protection in the country, increasing
    ANPD’s enforcement abilities. Therefore, it is possible for the
    ANPD to file public civil actions.
  • One further step on the path toward the European Union
    recognizing Brazil as a country with an adequate level of personal
    data protection
    . In the EU, there are some requirements
    for this under the General Data Protection Regulation—GDPR.
    One of the elements analyzed to assess the level of personal data
    protection compliance is the independence and non-subordination of
    the authority responsible for the personal data protection in the
    country. This recognition would be beneficial for Brazil.

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© Copyright 2020. Tauil & Chequer Advogados, a
Brazilian law partnership with which Mayer Brown is associated. All
rights reserved.

This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein.

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