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The provisional measure for the creation of the National Authority of Data Protection (ANPD) was enacted

Posted on: 2/1/2019

The provisional measure for the creation of the National Authority of Data Protection was enacted

In one of his last acts before passing the presidential sash to his successor Jair Bolsonaro, the now ex-President Michel Temer enacted the Provisional Measure 869/2018, on December 27, 2018, for the creation of the National Authority of Data Protection - ANPD. This specialized entity will be responsible for supervising, implementing and enforcing compliance with Federal Law 13,709/2018 (General Data Protection Act - LGPD), enacted on August 14, 2018.

The ANDP, which will be directly linked to the Presidency of the Republic, will have several responsibilities, amongst which:

(i) issuance of regulations and proceedings about personal data and privacy protection;

(ii) request of information, at any given time, from data controllers and operators;

(iii) creation of simplified tools, by electronic means, for the filing of complaints in cases of non- compliance in data treatment operations;

(iv) inspection and sanction in case of data mismanagement;

(v) dissemination of knowledge about the rules and policies related to data protection, as well as security measures;

(vi) promotion of studies about national and international practices in personal data and privacy protection;

(vii) promotion of public consultations about matters related to data protection.


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