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ANPD is transformed into an Autonomous Agency

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On this 13th of June, the Brazilian government issued the Executive Order #1,124, which was also published in the Federal Gazette on June 14, 2022. Containing 10 articles, it enters into force on the date of its publication.

Undoubtedly, the main rule established in it is the transformation of the Brazilian Data Protection Authority (ANPD) into an autonomous agency – similar to other regulatory agencies such as Anatel, Anvisa, Aneel, Anac, etc. – and no longer a mere public department subordinated to the Presidency of the Republic. This seeks to grant more sovereignty to the entity, avoiding interferences of political nature that could impact its performance in fulfilling attributions.

However, it should be noted that the Executive Order is an act of deliberation on the part of the Executive Branch and that, according to Article 62, Paragraph 3, of the Brazilian Constitution, it is no longer validity if not converted into law by the Brazilian Congress within a period of 60 days from its issuance, extendable only once for another 60 days.

Incidentally, if it is not evaluated within 45 from its issuance, it will lock the agenda of the Chamber of Representatives and the Brazilian Senate, with the other bills being put on hold until it is voted on or until the deadline above expires.

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