On June 13 of this year, Provisional Measure (MP) no. 1,124, which transforms the National Data Protection Authority – ANPD into a special autonomous government agency was published. Although the legal competencies and organizational structure have not been changed, the MP reinforces the technical and decision-making autonomy of the ANPD, which will have its own assets, and head office and jurisdiction in the Federal District (Article 55-A of the General Personal Data Protection Law – LGPD). In addition, it replaces the provision for the existence of its own legal advisory body with the creation of an Office of the General Counsel (Article 55-C, item V), which denotes its autonomous nature, including acting before the Judiciary, affording the ANPD its own procedural capacity to do so, especially in the defense of collective rights.
The MP has substantial relevance, as Brazil takes an important step toward seeking an adequacy decision from the European Commission (a mechanism that authorizes the international transfer of data between countries). According to the GDPR (General Data Protection Regulation), the Commission will analyze various elements for this mechanism to be valid for Brazil, among them the existence and effective functioning of an independent authority, with adequate enforcement powers to defend the rights of data subjects. (Article 45, 2, (b)).
Due to the nature of the measure, the MP must be approved by the National Congress to be converted into law.
We will closely follow the progress of the MP in Congress and keep you updated on any important developments, and we are at your disposal for clarification on the subject.
Read the Provisional Measure in full.