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Creation of the National Data Protection Authority – ANPD
It was published in today’s Official Gazette (28.12.2018), the Provisional Measure no. 869 which created the National Data Protection Authority (ANPD), as a governmental body of the Presidency of Brazil, and amended Law no. 13,709 / 2018 that provided for the protection of personal data.
The ANPD will be composed of a Board of Directors (whose members will be appointed by the President) and a National Council for Protection of Personal Data and Privacy (which will be composed of 23 representatives appointed by the President, including members of government and civil society), among other bodies.
Art. 55-J of the Provisional Measure provides for a list of ANPD’s attributions, such as protecting personal data, editing rules and procedures, deliberating at the administrative level on the interpretation of the Law, supervising and applying sanctions, preparing studies about national and international data protection practices, among other duties.
The Provisional Measure further establishes that the ANPD will act in coordination with the National System of Consumer Protection of the Ministry of Justice and other entities with sanctioning and normative competences related to personal data protection and will be the central body of interpretation of the Law and the establishment of rules and guidelines for its implementation.
