Published in today’s Official Federal Gazette (Diário Oficial da União), PM 1.124/2022 transformed the National Data Protection Authority (ANPD) into an autarchy of a special nature, a measure that provides greater autonomy and protection against political interventions.
Until the MP was issued, the ANPD had the status of an organ of the Presidency of the Republic, which led specialists to compare the authority to a kind of ministry, given its lack of administrative autonomy.
In a report published in 2020 by the OECD, the lack of independence of the authority was already pointed out: “independence may not be fully achieved, under the terms of Article 55-A of Law 13.853, if the NDA: is a federal public administration body; is an integral part of the Presidency of the Republic; (…); does not have a guaranteed budget in the annual budget law.
Currently, with the presentation of the “accession roadmap” last week (June 10th), a document that marks the beginning of the practical stage of Brazil’s entry into the OECD, the compliance with good practices in matters of privacy and protection of personal data has gained more relevance, among which the effective independence of the regulatory authority.
With the new measure, the expectation is that there is the possibility of effective compliance with its legal functions. Considering that, as established in the LGPD, the processing of personal data in the Public Sector must also be subject to regulation and supervision, which are attributions of the ANPD, it is expected that, with the new legal nature, conflicts of interest and the possibility of interference by public authorities in its activities may be circumvented.
If you require further information or wish to obtain legal advice to comply with privacy and personal data protection laws and regulations, please contact our expert BTLAW team.