On the present date, June 14, Provisional Measure (“MP”) No. 1,124/22 was published, converting the Brazilian Data Protection Authority (“ANPD”) into an autarchy of a special nature.
With such change, the ANPD will no longer have a transitional character provided in art. 55-A, §1º of Federal Law No. 13.709/18 (“Brazilian General Data Protection Law” or “LGPD”), and the technical, decision-making, and budgetary autonomy necessary for the conduct of its activities will be ensured.
The organizational structure and powers of the ANPD remain the same, but the Authority is no longer an integral body of the Presidency of the Republic.
This measure will have a positive impact on Brazil’s international relations agendas, especially when related to the requirements for joining the Organization for Economic Cooperation and Development (“OECD”) and the compatibility of requirements to be recognized as a country with an adequate level of data protection.
The MP presented is valid for 60 days, renewable once for an equal period. For its conversion into law, the MP must be approved by the House of Representatives and Senate during its period of validity, in order to maintain its effectiveness and effects.
To access the entirety of the MP, access the link.