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;
(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.