July 10, 2019
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The Law no. 13,853/19, which creates the National Data Protection Authority (ANPD) in Brazil, was published on Tuesday, July 9, 2019. The ANPD is the public administration agency responsible for ensuring, implementing and overseeing compliance with the Brazilian General Data Protection Law – LGPD (Law no. 13,709/18).
The agency has a temporary legal status of an entity of the Presidency of the Republic, and it is supposed to be transformed into an autharchy within two (2) years.
With technical and decision-making autonomy being guaranteed by the LGPD, the ANPD’s function will be, among others, overseeing and applying sanctions (including fines) in the event of noncompliance with legislation, drawing up guidelines for the National Personal Data Protection Policy and deciding on the interpretation of the LGPD.
The ANPD will comprise: a Board of Directors (the entity’s highest governing body), Internal Affairs, Ombudsman, National Council for Personal Data Protection and Privacy, its own legal advisory body and administrative units. The members of the Board of Directors (five, in total) will be chosen and appointed by the President of the Republic from among Brazilians who have an unblemished reputation, are educated to a high level and have excellent understanding of the field of Personal Data Protection.
As a way of ensuring the entity’s independence, the members of the Board of Directors will have terms of 04 (four) years and can only be removed from office by resigning, a final and unappealable adverse judgment or dismissal due to an administrative disciplinary procedure.
The ANPD’s functioning will be financed mainly by allocations from the Federal Government’s general budget. The fines applied by the ANPD will not be returned to the entity – these amounts will go to the Collective Rights Defence Fund.
If you are interested, we will be pleased to provide more details on the ANPD’s activities or on the rules set out in the General Personal Data Protection Law, which will come into force on August 15, 2020.