Provisional Measure 1124/22, which transforms the..., was approved. ANPD (National Data Protection Authority) in a special type of autonomous agency, that is, as independent as other agencies such as the Central Bank, the National Health Surveillance Agency (ANVISA) and the National Telecommunications Agency (ANATEL).
The text also amends Article 7 of General Law of Data Protection (LGPD) and It was published in the Official Gazette on the 14th of last month.
"Article 55-A. The National Data Protection Authority – ANPD, a special-purpose autonomous agency with technical and decision-making autonomy, its own assets, and its headquarters and jurisdiction in the Federal District, is hereby created."
Initially, the ANPD (National Data Protection Authority) was created as an agency of the Presidency of the Republic, but with a deadline set for the Executive Branch to assess the feasibility of transforming it into an autonomous agency. Furthermore, legal flaws regarding the origin of the bill led to part of the law being vetoed, making the ANPD an authority linked to the Civil House.
It is now up to the ANPD (National Data Protection Authority) to continue overseeing procedures involving the collection and processing of personal data, as well as issuing regulations and applying appropriate sanctions.
According to Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados: "With this change, we are observing a new cycle, where legal and administrative actions will gain ground, and companies that have not yet adapted will see their risks exponentially increased."
Now, due to its new status as an autonomous agency, the ANPD will need to have a staff of tenured employees, following the publication of the new Regulatory Structure.
Article 6 of the Provisional Measure states the following:
"The ANPD will be staffed by newly hired civil servants in the career track of Specialist in Public Policies and Government Management, in accordance with the provisions of Law No. 7.834, of October 6, 1989."
What is a local authority?
According to Decree Law 200/67, a an autonomous entity is a service that enjoys autonomy. because it has its own legal personality, assets and revenue, with the objective of carrying out public administration activities that require decentralized administrative and financial management, such as ANVISA, for example.
Paulo Guedes and Ciro Nogueira, Ministers of Economy and Chief of Staff respectively, stated:
"Brazil has adopted the special autonomous agency model for its regulatory authorities as a mechanism to promote technical specialization, legal stability, and protection against political interference." "This model, adopted in various international contexts, such as the United States and Europe, offers a specialized and decentralized structure for state action, with administrative autonomy and powers of supervision, inspection, and regulation of activities.".
Through this Provisional Measure, a commissioned position will be created for the director-president of the ANPD, and current employees will be placed in the new agency without generating an increase in expenses.
Furthermore, according to the text, the competencies and organizational structure of the ANPD must be maintained, as per... as provided for in the LGPD.
"This is a major step towards making the Brazilian authorities more similar to European authorities, which will bring benefits to international cooperation.""That's all," concludes Antonielle Freitas, DPO of the Viseu Advogados law firm.
The Provisional Measure will now proceed to Congress for analysis; however, it is not yet known when this measure will actually come into effect.
