The Brazilian National Agency of Data Protection (ANPD) is currently part of the Public Administration linked to the Presidency Bureau. However, this structure is about to change, since both the Brazilian Chamber of Deputies and the Federal Senate approved the Provisional Presidential Decree (MPV) nº 1124/2022, which transforms the agency into an autarchy. It will promote administrative and financial independency.
This institutional character of autarchy given to the ANPD guarantees autonomy and strengthens the agency’s position for the regulation of private data and compliance with the LGPD, as well as provides greater legal certainty to its decisions.
To avoid the discontinuity of ANPD’s works as a result of the agency’s change in nature, the MPV also foresees the creation of a President-Director position for the ANPD and the migration of individuals and assets to the new autarchy. The MPV also states the creation of new Internal Regulations for the agency. The transition will be established in a rule set by the General Secretary of the President’s office together with ANPD’s President-Director.