The National Data Protection Authority (ANPD) opened on November 7th a call for contribution (consulta pública) regarding a proposal for a Regulation on responsibilities of Data Protection Officer (DPO) - a figure created by Brazilian General Data Protection Act (LGPD – Law Nº 13,709/2018) that has the function of acting as a communication channel between the controller, data subjects and the ANPD.
The call for contribution stems from the provision of article 41, paragraph 3 of LGPD, which provides that the ANPD may establish complementary rules on definition and attributions of the Data Protection Officer (DPO), including hypotheses of exemption from the need for his or her appointment, depending on the nature and size of the entity or the volume of personal data processing operations.
The regulation of this topic was already provided for in the ANPDs Regulatory Agenda for the 2023/2024 Biennium, under Phase 1 - which comprises the topics foreseen in the previous agendas which had not been in that period.
The proposal for a Regulation is available for contributions and addresses topics such as: identity of DPO; contact information; substitutes in case of absence; need, or not, for registration with the ANPD; accumulation of functions; specific assignments; conflicts of interest, among others.
The interested public has until December 7th to send contributions through the Participa+Brasil platform. At the time of writing this note, the ANPD had already received 212 (two hundred and twelve) contributions.
The Technology, Media and Telecommunications team at Azevedo Sette Advogados remains available for any clarifications.