Today the President of the Republic published the Provisional Measure No. 1,124/2022 in order to change the nature of the Brazilian Data Protection Authority (“ANPD”), which until then, was only a body of the federal public administration with a transitory legal nature.
With the conversion of the Provisional Measure into law ANPD will be considered a special independent governmental agency, as defined by Brazilian law as an autonomous administrative entity, decentralized from the Public Administration and not hierarchically subordinated to ministries or the Presidency, placing ANPD on a level like the Brazilian Central Bank, ANATEL and other Brazilian Agencies. In practice, this will give to ANPD more autonomy in terms of its actions and decisions, and more confidence in relation to external bodies, an opportunity in which Brazil will be able to appear on lists of countries with an adequate level of data protection practices.
In order to be effectively converted into law, the Provisional Measure must go through a process of analysis and approval by the Brazilian National Congress, which can last for 60 days, extendable for an equal period. It is worth mentioning that during this period there will be a recess of the Parliaments work, with the interruption of its activities from July 18 to 31, in addition to a presidential election, which may cause a delay in the deliberations on the matter.
The current ANPDs Regulations will remain in force and applicable until the Provisional Measure is converted into law, which is expected to occur until the end of August/2022.