The Federal Government has approved the structure of the National Data Protection Authority (ANPD), the body responsible for overseeing the General Data Protection Law (LGPD). The decree was published in this Thursday's edition (27) of the Official Gazette of the Union (DOU).
The agency will be tasked with regulating the law, ensuring the correct application of the articles stipulated in the LGPD (Brazilian General Data Protection Law) and defining any penalties for non-compliance. The authority will also have an educational role, guiding society on the new regulations and mediating any conflicts between companies and their clients.
The ANPD will be linked to the Civil House, which, in turn, is directly linked to the Presidency of the Republic. The body will be composed of 36 positions, 16 of which are Senior Management and Advisory (DAS) positions and 20 of which are Commissioned Functions of the Executive Branch (FCPE).
With the creation of the ANPD (National Data Protection Authority), the LGPD (Brazilian General Data Protection Law) will have a foundation for a safer and better-structured implementation. The agency will have technical and decision-making autonomy to protect what are known as "data and information."fundamental rights of freedom and privacy and the free development of the personality of the natural person.".
According to the decree published in the Official Gazette, these are some of the ANPD's responsibilities:
– To ensure the protection of personal data, in accordance with the law;
– To develop guidelines for the National Policy on Personal Data Protection and Privacy;
– To monitor and apply sanctions for non-compliance with the terms set forth in the LGPD (Brazilian General Data Protection Law);
– To promote, among the population, knowledge of the rules and public policies regarding the protection of personal data;
– To encourage companies to adopt standards for services and products that make it easier for customers to control their personal data;
– To investigate unresolved complaints between customers and companies regarding data breaches and privacy violations;
– To promote and develop studies on national and international data protection and privacy practices;
"The creation of the ANPD is an important step both to provide the necessary legal security to public and private entities that carry out personal data processing operations and that will have to adapt to the LGPD, as well as to enable international data transfers that follow adequate privacy protection parameters, which can open new markets for Brazilian companies," the General Secretariat of the Presidency of the Republic announced in a statement.
Extra reinforcement via Anatel
The National Telecommunications Agency (Anatel) will work in conjunction with the ANPD to provide support for the LGPD.
Anatel will be responsible for receiving communications from the Authority and taking action regarding complaints from holders of violated personal data.
These responsibilities will fall to the User Relations Advisory Office (ARU), headed by Maria Lúcia Valadares e Silva, a former employee of the Secretariat of Social Communication of the Presidency (Secom).
Specifically for the LGPD (Brazilian General Data Protection Law), the Data Protection Support Office (EAPD) was also created, which will be responsible for training Anatel employees regarding the processing of personal data.
We are seeing that despite a troubled start, amidst provisional measures and what seemed like an endless process... change of dates for the new Law to take effectWe now have a path being structured so that everything can start working as soon as possible.
If there was a alert activated For companies that haven't yet begun their processes to comply with privacy laws, especially the LGPD (Brazilian General Data Protection Law), we can now say that the warning has become a "demand" with urgent status. But don't worry, here at [Company Name]... Privacy Tools we are experts in solutions e tools to streamline this compliance process in companies. Take the opportunity to learn more and test our platform.
