The Brazilian National Data Protection – ANPD has diligently pursued its regulatory agenda proposed in January 2021 for the biennium 2021 and 2022.
The authority is now approaching the end of the phase two of implementation of the guidelines of the National Policy for Personal Data Protection and Privacy and has already published several guidelines (some even published in Portuguese and English versions) and resolutions and has held an open dialogue with academia and private sector agents for the production of each of them.
Besides the publication of the Internal Regulation of the authority, during phase 1, the ANPD’s strategic planning was published in addition to guidelines on the application of the LGPD by small agents, as well as a Resolution on the same subject. ANPD also published a resolution concerning the enforcement procedures and Administrative Sanctioning Process, and a form was made available for the notification of security incidents with personal data, as well as a template for the Data Protection Impact Assessment.
In phase 2 – currently underway – the Authority has already promoted discussions about the regulation of personal data controllers and is in the final phase (until June 17th) of receiving subsidies on the theme of international data transfer – which can be submitted through the Participa + Brasil online platform.
After the conclusion of this phase, ANPD must move on to the last one, Phase 3, of regulation of its National Policy for Personal Data Protection and Privacy. In which the Authority will deal with two main themes:
(i) Rights of personal data subjects; and
(ii) Legal hypotheses of personal data processing.
Both themes are central to the actions of public and private agents and to their compliance with the Brazilian Personal Data Regulation (LGPD), and are therefore highly anticipated. While the first will be subject to regulation, the second will be addressed through a guideline, as provided for in the authority’s regulatory agenda.
It is also worth noting that on June 13 a Presidential Decree was issued that transforms the ANPD into a federal autarchy of a special nature.
With this change, the new agency will have its own legal personality and assets, and will no longer be an agency linked to the federal executive branch.
With this change it is expected that the authority’s actions will be conducted with greater autonomy and prioritization capacity.