Brazil’s data protection authority to gain independence from presidential office
According to a provisional measure published today, Brazil’s National Data Protection Authority (ANPD) will gain autonomy from the presidency after being elevated to special authority status. The announcement states that the ANPD will become an autarchy yet still maintain its existing organization structure created under a 2018 law. Due to the power and score of the authority, independence is necessary in the eyes of many in the industry. The ANPD oversees both the public and private sector when it comes to data protection.
The provisional measure means that the rulings come into effect immediately. Starting from now, Brazil has taken an important step in offering the agency full administrative and budgetary autonomy. Before the provision, the ANPD had relied on the presidency in these areas, but had technical and decision making authority. In order to become a law, however, the provisional measure will still require approval by the Lower House of the Brazilian Congress. The lack of independence meant that the ANPD was did not previously adhere to international recommendations when it comes to data protection.