The creation of ANPD was provided in the bill of law that resulted in the Brazilian General Data Protection Law (Law No. 13,709/18 – “LGPD”), but it was vetoed by the former President on the grounds that the creation of the authority was the prerogative of the Executive Branch of the government, instead of the Legislative. Now, ANPD was created through the Provisional Measure No. 869/18.
ANPD will be part of the Presidency of the Republic and will have a board of directors, composed by five members appointed by the President, with a four-year term. Its members may only be removed from office by resignation request, a court’s ruling or dismissal after administrative disciplinary process, which would guarantee ANPD’s technical autonomy. According to the Provisional Measure, ANPD will be responsible for preparing guidelines for the National Policy for Protection of Personal Data and Privacy, for supervising and applying sanctions set forth in the LGPD, promoting cooperation actions with data protection authorities of other countries, among others.
The Provisional Measure will be analyzed by Congress that will determine its conversion or not into Law within a 120-day term.
More information is available, in Portuguese, at http://www2.camara.leg.br/camaranoticias/noticias/COMUNICACAO/570421-MEDIDA-PROVISORIA-CRIA-AUTORIDADE-NACIONAL-DE-PROTECAO-DE-DADOS.html