By: Leonardo Neri
On June 13, provisional measure no. 1,124 came into force, amending Law no. 13,709 of August 14, 2018 (LGPD), transforming the National Data Protection Authority (ANPD) into a special agency.
It is worth clarifying that the Provisional Measure (MP) is an exclusive act with the force of law, made by the President of the Republic, as long as it is relevant and urgent, and must subsequently be approved by the houses of the National Congress for conversion into an ordinary law.
The term for the validity of a Provisional Measure expires after 60 days, and may be automatically extended for the same period if the vote to transform it into Law is not completed in time.
The ANPD has federal responsibility for monitoring and enforcing the General Data Protection Law (LGPD), with the aim of helping companies fully comply with legislation regarding privacy information and personal data protection.
However, the change to Special Authority is defined in light of the Law that granted specific prerogatives, such as stability of the governing body.
Its structure, in this case, foundational, must necessarily act on public law foundations and endowed with assets linked to a purpose of benefiting undetermined people.
With that, after a brief contextualization of the action of the 13th, it is seen that the MP is endowed with 10 articles, of which the numbers 55; 55-C, V; 55-M, I, II; of Law 13.709/2018 and article 60, VI of Law 13.844/2019 will be changed.
In addition to the extinction/revocation of articles 55-A, §1º, §2º and §3º; 55-B, of Law 13.709/2018 and article 2 of Law 13.853/2019.
Source: https://www.in.gov.br/en/web/dou/-/medida-provisoria-n-1.124-de-13-de-junho-de-2022-407804608
https://tecnoblog.net/responde/o-que-e-anpd-autoridade-nacional-de-protecao-de-dados/
https://www.politize.com.br/autarquias-o-que-sao/
With the collaboration of Pedro Sobolewski