On July 8, 2019, President Jair Bolsonaro signed Law No. 13.853/2019 (Law of Conversion of Provisional Measure No. 869/2018), which created ANPD as a federal public administration body, part of the Presidency of the Republic, ratifying the proposal for a regulatory authority presented in the Provisional Measure.
Only on August 27, 2020, Decree No. 10,474, which structures ANPD, was published in the Federal Official Gazette. In Annex I, the Regulatory and Organizational Structure of this regulatory, inspection and sanction body, including nature, purpose and competencies.
ANPD shall have the authority to ensure personal data protection Privacy; promote knowledge of the rules and public policies on data protection and security measures; apply administrative penalties; among others.
For this reason, it is essential that ANPD be installed, since the law without this Authority may hinder the achievement of the desired legal security.
To deepen your reflection, be sure to read the articles “Data protection in Brazil 4.0”, by our partner and chairman, Renato Opice Blum, co-authored with the lawyer Shirly Wajsbrot; and “ANPD and the Executive’s omission”, by Sandra Rogenfisch.
