In our recent posts, we have been following the developments in the ANPD (Brazil’s Data Protection Agency) highlighting updates and key developments over the last months.
The ANPD has already opened several public consultations and produced useful guidelines to assist companies in their adaptation efforts, going beyond simply regulating the areas set out in the new Brazilian Data Protection law (LGPD) and effectively working to build a culture of protection of data in Brazil.
Co-operation with Spanish Authority
In a new development, on October 4, the ANPD signed a co-operation agreement with the Spanish Data Protection Authority, AEPD , which establishes the sharing of information and joint actions on data protection.
According to the ANPD, the main goals of the agreement are to promote technical co-operation, the exchange of knowledge and experience, and the elaboration of best practices for the area.
The agreement is in line with the specific provisions of the LGPD (Article 55-J) and the objectives set out in the authority’s agenda for the coming years, which include seeking a dialogue with governmental and non-governmental entities, international organizations and other data protection authorities. It is significant, as it is the first such agreement signed by the Brazilian authority.
The agreement also coincides with the ANPD joining the Ibero-American Data Protection Network (a forum that brings together international entities, both in the public and private sectors) as well as it being granted observer status at the Global Privacy Assembly (a global forum for regulators, data protection and privacy officers across the world).
Discussion
As can be seen, the ANPD has now taken some important first steps to integrate itself in the international community and to help promote data protection and privacy rights in international and regional contexts.
The association with a European body further demonstrates the similarity between the LGPD and the GDPR in their regulatory regimes, how much the foreign experience has helped in the construction of the Brazilian system and how much it can still contribute in future.
Speaking about the agreement, the CEO of the Brazilian authority highlighted that the two authorities:
“…share the same values and principles that guide the processing of personal data in Brazil: respect for privacy, informative self-determination, freedom and free development of the individual’s personality.”
There is still no definition on what are considered “…countries with a level of protection of personal data adequate to that of the LGPD” (as per Article 4, IV of the LGPD). However, the realization of these early associations between the ANPD and other international authorities will provide a strong indication on which territories will meet the standard.
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