Congress mulls creation of National Personal Data Authority
11 abril 2019

On April 10, the Joint Committee analysing Provisional Measure 869/18 on personal data protection held a public hearing to further discuss the proposal. The regulation, published in the Journal of the Union during Temer’s administration, would establish the National Personal Data Authority to regulate personal data protection. The bill must be approved by the Joint Committee before June in order to become law and enter into force.

The Provisional Measure under analysis in the National Congress would modify the General Law on Personal Data Protection (Nº 13.709/18) by creating the National Data Protection Authority (ANPD) which will be tasked with regulating, interpreting, controlling and ultimately sanctioning non-compliance with the law. The creation of the ANPD had been vetoed by President Temer when Law 13.709 was enacted in 2018, who labelled it “unconstitutional”. Temer, who felt it was up to the Executive not the Legislature to create such an agency, published the provisional measure in the Journal of the Union before leaving office.

In Brazil, Provisional Measures are rulings issued by the President of the Republic in emergency situations. In spite of their immediate impact once published, in order to become enacted as law they must be looked at first by the Legislative branch which may approve, modify or reject them. The regulations are currently being studied by a joint committee of deputies and senators, who must issue an opinion by no later than June, to then allow for their debate on the floor of both chambers.

The General Law on Personal Data Protection will enter into force February 2020 – 18 months after its publication in August last year. However, if the Provisional Measure is passed, the General Law’s entry into force would be postponed for two further years, with the exception of the article introduced by the ANPD. The Committee is expected to issue an opinion by the end of May.

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