PUBLICATIONS

Provisional Measure (MP) nº 1.124/22 was published in the Official Gazette, this Tuesday (14), which transforms the “Autoridade Nacional de Proteção de Dados” (ANPD) into a special authority, maintaining the organizational structure and the competences defined by the “Lei Geral de Proteção de Dados”.

In this way, the ANPD, which until then was a body linked to the Presidency of the Republic, now has technical and decision-making autonomy, with its own assets. The text also provides for a headquarters in the Federal District.

ANPD is the institute responsible, among other things, for ensuring the protection of personal data and for overseeing compliance with the LGPD in the country. With the change brought by the MP, Brazil approaches regulatory models such as that of the European Union, which can facilitate the recognition of its adequacy in terms of data protection by other countries, favoring international data transfers involving the country, as well as their eventual entry into economic blocs.

The old regimental structure of the ANPD will remain in force and applicable until the date of entry into force of the new structure as an autarchy of a special nature. The Provisional Measure must still be considered and approved by both houses of the National Congress within 60 days, which may be extended for an equal period, under penalty of losing its effectiveness.