The Senate approved this Tuesday (24) the Provisional Measure (MP) 1317/25which transforms the current National Data Protection Authority into a regulatory agency, called the National Data Protection Agency (ANPD).
The proposal also creates its own career path for the new entity, responsible for regulation, inspection and data protection. The text now goes to President Luiz Inácio Lula da Silva for approval.
The new regulatory agency of a special nature will be linked to the Ministry of Justice and Public Security (MJSP). The ANPD will have functional, technical, decision-making, administrative and financial autonomy, in addition to its own assets.
The MP text also created an audit body within the structure of the current authority, now transferred to the agency.
Protection of children and adolescents
In addition to making the then National Data Protection Authority equal to other regulatory agencies, the project seeks to ensure the protection of the rights of children and adolescents in the digital environment.
The MP was signed by President Lula at the same event in which the law that protects children and adolescents in the digital environment was sanctionedwhich came to be called the law against “adultization” and the Digital ECA.
The law provides that the supervision and punishment of these crimes in the digital environment will be carried out by an autonomous national authority, which will be the new regulatory agency.
In the opinion of the rapporteur, senator Alessandro Vieira (MDB-SE), the transformation of the ANPD into a regulatory agency is an appropriate measure for the new responsibilities assigned to it.
“The relevance is verified by the need to provide the ANPD with the necessary structure to carry out its functions, especially those attributed to it by the regulations of the Digital Statute of Children and Adolescents”, he said.
Data Protection Regulation Specialist
The new career created for the ANPD is Data Protection Regulation and Inspection, comprising Specialist positions in Data Protection Regulation.
The position, at a higher level, has responsibilities focused on specialized activities of regulation, inspection, inspection and control of the protection of personal data.
This specialist will also be responsible for implementing policies and carrying out studies and research related to these activities.
According to the approved text, there will be 200 specialist positionscreated through the transformation of 797 vacant administrative agent positions, at intermediate level, in the social security, health and labor careers.
18 freely filled positions were also created: 4 Executive commission positions (CCE) and 14 Executive commissioned positions. Filling the positions, however, will depend on budgetary authorization.
“The transformation of positions referred to in the caput of this article will be carried out without increasing expenses, through financial compensation between the values corresponding to the total remuneration of the positions and functions that are being created and the values corresponding to the total remuneration of the positions that are being transformed, retroactive effects being prohibited”, says the approved text.
