Brazilian Congress approves the creation of DPA

Brazil’s House of Representatives and Senate have approved (in May 29 and 30, respectively) the presidential decree creating the Data Protection Authority that will enforce the Brazilian General Data Protection Law (LGPD) when it enters into force, in August 2020. The decree now goes back to the Presidency to its enactment and there can be, eventually, vetoes.

The DPA – nominated Autoridade Nacional de Proteção de Dados (ANPD) -, will be an organ of the direct public administration, located inside the Presidency of Republic. Thus, it won’t have financial autonomy nor a distinct legal personality. It will be compound by 5 directors with a fixed mandate, all nominated by the President of the Republic. The decree mentions, however, after two years, ANPD’s legal nature will be reviewed so it can eventually become a fully independent body.

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