Brazil: Provisional measure published amending LGPD with respect to ANPD
Provisional Measure No. 1,124 of 13 June 2022 was published, on 13 June 2022, in the Official Gazette, amending Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD') and transforming the Brazilian data protection authority ('ANPD') into an autonomous body of special nature. In particular, the Provisional Measure, among other things:
- adds a position within the ANPD for a Chief Executive Officer;
- provides for the establishment of a transitional period to end administrative support by the Special Secretariat for Administration of the General Secretariat from the Presidency of the Republic to the ANPD;
- provides that employees entering the career of 'Specialist in Public Policies and Government Management' will be allocated to the ANPD; and
- makes certain amendments to the LGPD including:
- amendment to Article 55A of the LGPD to note that the ANPD is created as an authority of a special nature, endowed with technical and decision-making autonomy, its own assets, and with headquarters and jurisdiction in the Federal District; and
- establishing an Attorney's Office for the LGPD.
The Provisional Measure entered into effect on the date of its publication in the Official Gazette on the 13 June 2022.
You can read the Provisional Measure, only available in Portuguese, here.