ANPD transformed into an autarchy of special nature through Provisional Measure 1.124/2022
A formal event in Brasilia yesterday celebrated the transformation of the National Data Protection Authority (ANPD) into an autarchy of special nature. This transformation, supported by Law 13.709/2018 (General Law of Data Protection, or LGPD) in its original article 55-A §1, results from the publication of Provisional Measure (MP) 1.124/2022 on June 13 of this year and brings new colors of independence and autonomy to the agency’s actions.
The legislative alteration brings significant changes to the authority’s decision-making power, giving greater independence to the agency in relation to its former condition of administrative subordination to the Presidency of the Republic. With the enactment of the MP, the ANPD is now endowed with administrative, technical, financial and decision-making autonomy.
In addition, by having its legal nature changed to a special autarchy, the ANPD now has greater autonomy to file legal claims before the Courts, as well as adopt any other measures to defend the public interest in general.
It is expected that with the independence given to the ANPD by the MP, Brazil will also gain strength in the international scenario, since the referred independence is considered a requirement or a desired characteristic for Brazil to be considered a jurisdiction providing adequate protection for personal data, in order to enable international transfers of data from other jurisdictions (such as the European Union) to entities or companies in Brazil.
Still, the ANPD’s condition as an autonomous autarchy is beneficial when observed the recent approval by the OECD (Organization for Economic Cooperation and Development) of Brazil’s plan to join the group, since one of the international body’s recommendations was that Brazil should reevaluate and change the ANPD’s conditions imposed by the LGPD for the Authority to operate with full independence.
Now, from the date of its issuance, the 60-day period for Congress to analyze and approve the MP or not begins, with the possibility of extending this period for another 60 days. The legislative houses may also submit changes by means of amendments within the deadline.