With the change, the National Data Protection Authority will have administrative and financial autonomy
The Senate Plenary approved on Tuesday (18.Oct.2022) the Provisional Measure that transforms the ANPD (National Data Protection Authority) into an autarchy. It has not been modified by the National Congress and, therefore, the text will be promulgated without the need for presidential sanction.
The ANPD is the federal agency responsible for overseeing the application of the LGPD (General Personal Data Protection Act). It was born linked to the Presidency of the Republic, but since 2019 there was already the legal possibility of transforming it into a special autarchy. Thus, it will have administrative and financial autonomy.
The purpose of the change, according to the explanation of the Executive Branch, is to avoid the administrative discontinuity of the ANPD and bring more reliability to the regulatory system for data protection. In the new format, it will be compatible with other regulatory regimes and international experiences, the government argues.
The measure creates, without an increase in expense, a commissioned position for the ANPD’s CEO and allocates the agency’s current employees to the new autarchy. The initiative also provides for other structural changes to make the new administrative entity viable, such as: rules for requisitioning personnel, transfer of assets and personnel from other public administration bodies or entities.
The regulation of the transition of the agency from a body linked to the Presidency to an independent autarchy will be carried out jointly by the secretary general of the Presidency and the director-president of the ANPD.
The MP’s rapporteur in the Senate was Senator Jorge Kajuru (We can-GO).
With information from Senate Agency.
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