What is the ANPD?

The federal authority that oversees the LGPD (Brazilian General Data Protection Law), regulates the law, and applies sanctions.

Definition

ANPD is the National Data Protection Authority, a federal agency responsible for ensuring the protection of personal data, issuing rules and guidelines, monitoring compliance with the LGPD (Brazilian General Data Protection Law), and applying administrative sanctions.

The ANPD (National Data Protection Authority) was created by Law No. 13.853/2019 as an agency of the Presidency of the Republic and transformed into a special-purpose autonomous entity by Law No. 14.460/2022, with technical and decision-making autonomy. It is headed by a Board of Directors of five members and includes the National Council for the Protection of Personal Data and Privacy.

What does the LGPD say?

Articles 55-A to 58-B of LGPD The text discusses the ANPD (National Data Protection Authority), and Article 55-J lists its competencies: to develop guidelines for the National Data Protection Policy, to oversee and apply sanctions, to respond to petitions from data subjects, to promote knowledge of the rules, to issue regulations and procedures, and to deliberate on the interpretation of the law. The resolutions and guides of the authority, such as those on incidents, data protection officers, international data transfers, dosimetry, and cookies, are available in the... ANPD website.

In practice

  • Follow the resolutions and guidelines: they define deadlines and criteria that the law left open.
  • Maintain communication with the ANPD through the data protection officer and respond to requests within the deadline.
  • Use the Dosimetry Regulation (CD/ANPD Resolution No. 4/2023) to understand how fines are calculated.
  • Keep evidence: the governance program (art. 50) is a mitigating factor in sentencing.

How Privacy Tools it deals with the topic

The platform incorporates ANPD criteria in the following modules: deadlines and communication form. Incident Management, record of operations in Data Mapping and evidence of governance in Audit Management.

Related terms

Person in Charge (DPO) · Security incident · International data transfer · Legal base · Back to glossary

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