MP 1.124/2022 transforms the National Data Protection Authority into an Authority

14 Jun MP 1.124/2022 transforms the National Data Protection Authority into an Authority

MP 1.124/2022 seeks to transform the National Data Protection Authority (“ANPD”) into an autarchy of a special nature, with technical and decision-making autonomy.

In addition, the new autarchy will have legal authority and its own assets, with headquarters and jurisdiction in the Federal District.

The ANPD’s transformation into a special autarchy promotes a change in the data protection regulatory system, as it takes one more step towards the full autonomy of the ANPD – which today is linked to the Presidency of the Republic.

By elevating to the status of special autarchy, the ANPD will be alongside other special regime autarchies such as ANVISA, CADE, and the Central Bank.

MP 1.124/2022 does not modify the legal powers nor the structure of the ANPD provided in the LGPD, but creates the ANPD’s Attorney General’s Office.

With this change, the ANPD will also have its procedural capacity to promote lawsuits and precautionary measures to prevent practices that violate the LGPD.

The MP 1.124/2022 is in force and will remain for 60 (sixty) days, extendable once for the same period if its vote is not concluded in both houses of Congress in the first period. Congress will decide whether MP 1.124/2022 will be converted into definitive legislation, under penalty of losing its effectiveness.

The hope is that within this deadline, the Brazilian Congress converts the MP into law and does not create legal uncertainty or international exposure.