By: Leonardo Neri

On October 26, 2022, Law No. 14,460/2022 was published in the Official Gazette of the Union, transforming the National Data Protection Authority “ANPD” into an autarchy. In short, on September 11, 2022, the Chamber of Deputies approved provisional measure No. 1,124/2022, and now, on a recent occasion, the Senate approved it without any modification, so that there will be no need for presidential sanction.

For your information, the ANPD is the Federal body that oversees the application of the General Data Protection Law “LGPD”, so that its change to an autarchy, in addition to bringing more administrative and financial security, avoids the discontinuity of the entity's activities.

That said, it is worth noting that the positions will be changed, becoming commissioned and allocated within the agency. In addition, other structural changes will be included, with the aim of making the new administrative entity viable.

Furthermore, it is worth highlighting, in the words of the competent Senator: “the modification of the legal nature of the Authority was already provided for in the LGPD (art. 55-A), in addition to highlighting the admissibility and congruence of the MP's arguments with the constitutional assumptions of relevance and urgency that a provisional measure imposes”. With this, it is clear that such a change, in addition to being previously foreseen, is a totally pertinent modification to monitor the advances that the LGPD has been achieving.

Thus, given the compatibility with the legal system and financial adequacy, the transformation of the ANPD into an autarchy directs Brazil to achieve adaptation from the European Commission, given that it encompasses the requirements of autonomy and independence, which is clearly a great step forward for the authority.

For more information on this topic, please contact the partner responsible for the data protection team, Leonardo Neri.