The Brazilian government has given the National Data Protection Authority (ANPD) independent status, per a provisional decree published in the federal gazette on Tuesday.
The ANPD was created in 2018 as an independent body within the federal government with the aim of regulating and enforcing Brazil’s General Personal Data Protection Law (LGPD). The provisional decree issued today gives the ANPD the same independent status as other federal regulatory agencies, such as the anti-trust regulator CADE, for example.
According to digital law expert Guilherme Guimarães, the ANPD’s new independent status was a necessary step toward guaranteeing the full application of the LGPD, which came into force in 2020.
Mr. Guimarães expects the ANPD to now have more powers to sanction companies and other institutions that fail to comply with the LGPD and protect individuals’ personal data. Data breaches have been a recurrent issue in Brazil, affecting government databases as much as private companies.