In a webinar held on August 20, 2020, the chief minister of the General Secretariat of the Presidency, Jorge Antônio de Oliveira Francisco, stated that the decree about the structuring of the National Data Protection Authority (“ANPD”) in Brazil have been finalized, and that the responsibility for such structure will belong to the Civil Office of the Cabinet of the President of the Republic.
This declaration was made a few days after the publication by the Brazilian media of an internal study from the Brazilian Administrative Council for Economic Defense (“CADE”) proposing the amendment of Law 13,709/2018 (General Personal Data Protection Law), aiming at integrating ANPD’s activities to CADE, based on the arguments of effectiveness and greater autonomy for the data protection authority.
Following the criticism of some experts, the chief minister of the General Secretariat of the Presidency denied the incorporation of ANPD into CADE’s activities because “This proposal by Cade was recently received and we understand that it is not legally viable ”. The chief minister foresees that the ANPD’s board of directors will have 36 members.
More information is available, in Portuguese, in https://www.jota.info/tributos-e-empresas/concorrencia/autoridade-de-protecao-de-dados-cade-17082020 e https://www.jota.info/casa-jota/autoridade-nacional-de-protecao-de-dados-casa-civil-20082020