The Senate approved today (18) a provisional measure (MP) that transforms the National Data Protection Agency (ANPD) into an autarchy. The ANPD is the federal agency responsible for overseeing the application of the General Personal Data Protection Law (LGPD). It was born linked to the Presidency of the Republic, but since 2019 there was already the legal possibility of transforming it into a special autarchy. Thus, it will have administrative and financial autonomy. The text goes on for promulgation.
The purpose of the change, according to the explanation of the Executive Branch, is to avoid the administrative discontinuity of the ANPD and bring more reliability to the regulatory system for data protection. “This proposal seeks to provide the ANPD with the necessary institutional capacity to establish an effective regulatory environment for the protection of personal data, adequately protect the rights of data subjects, and ensure that the Authority can exercise its technical and decision-making autonomy, obtaining national and international recognition. ”, justifies the government.
In the new format, this data protection system will be compatible with other regulatory regimes and international experiences. In addition, the MP creates, without increasing expense, a commissioned position for the CEO of the ANPD and allocates the current servers in the new autarchy.
* With information from the Senate Agency