ANPD publishes revision of its Regulatory Agenda for 2023-2024

ANPD publishes revision of its Regulatory Agenda for 2023-2024

At the end of 2023, the National Data Protection Authority (ANPD) published its first revision of the Regulatory Agenda for the 2023-2024 biennium, changing the priority of two actions. The document, published in November 2022, brought with it the 20 regulatory actions considered to be a priority, as they bring greater transparency, efficiency and predictability to the regulatory process, and which will be the subject of study or treatment by the Authority.

The Agenda was divided into 4 phases, in order of priority in the execution of each action. The priority ranking refers to the period in which a given initiative must be regulated. In phases 1 and 2, the regulatory process should begin by December 2023, while in phases 3 and 4, the deadline is December 2024. In November 2023, the ANPD changed the order of execution of two actions, from phase 2 to phase 4.

In this sense, item 15, the first initiative changed for the fourth phase, i.e., to be carried out by December 2024, deals with drawing up guidelines for the National Policy for the Protection of Personal Data and Privacy. Within the scope of art. 55-J, III, of the General Data Protection Law (LGPD), the Policy must direct the actions of all the actors involved in the data protection ecosystem, and its deadline change is due to a change in the composition of the collegiate body of the National Council for the Protection of Personal Data and Privacy (CNPD), the ANPD’s advisory body, which plays a key role in the production of the document.

Next, the implementation of action 16, which deals with the regulation of criteria for recognizing and disseminating rules of good practice and governance, was also changed to 2024. Here, based on art. 50 of the LGPD, controllers and operators will be able to formulate rules of good practice and governance that establish the conditions of organization, the operating regime, procedures, including complaints and petitions from holders, security standards, among others. The ANPD changed the priority of the topic due to the need to conclude other projects aimed at regulating provisions of the LGPD, which are already underway.

The revised ANPD Regulatory Agenda can be accessed via the link: https://www.gov.br/anpd/pt-br/documentos-e-publicacoes/documentos-de-publicacoes/resolucao_cd_anpd_11_2023-27122023.pdf

Note: For quick release and cost control, this English version is provided by automated translation without human review.