Published nthe Official Gazette of the Federal Government today, September 18, the Provisional Measure 1,317/25 confers on the National Data Protection Authority (ANPD) the kinds of regulatory agencylinked to the Ministry of Justice and Public Security, endowed with functional, technical, decision-making, administrative and financial autonomy.
In practice, this means that the tenure, organization, decision-making process, and social control of the ANPD are now disciplined by the Regulatory Agencies Law.
In addition, the provisional measure generates 200 effective positions of andspecialist in data regulation of data protection, in addition to positions in commission and functions of trustworthy
Thesenovelties give a character of higher maturity and solidity to the personal data protection system in Brazil. The country gains both in the domestic and foreign markets, since the measure generates higher legal certainty for individuals who are data subjects and contributes to fostering business dealings who have, directly or indirectly, data involved.
The strengthening of the ANPD's autonomy and staff also indicates a future scenario of higher agency performance. It is recommended, therefore, that processing agents direct their efforts to maintain robust data protection governance programs, capable of ensuring compliance jointly with regulation.
