News

Newsletter

Provisional Measure Transforms the Brazilian Data Protection Authority into an Independent Entity

Provisional Measure 1,124/22 published this past June 14, 2022, transformed the Brazilian Data Protection Authority into a special nature entity. The Measure is binding and will become legally effective immediately upon publication. As a result, the Authority will receive full administrative and budgetary autonomy, previously limited to just technical and decision-making. To become law, the Measure must be approved by the National Congress within 60 days, subject to an additional 60-day extension.

With this change, the Authority’s nature will no longer be deemed temporary, as originally provided in art. 55-A, §1 of the Brazilian Data Protection Law (Law No. 13,709/18) . Instead, it will exercise comprehensive technical, decision-making, and budgetary autonomy.

With no increase in cost, the Measure also creates a position for the Authority’s Director, while allocating current servers to the Authority. At the same time, the Authority’s organizational structure and powers established by the Law will be maintained.

The challenge now remains to convince the Brazilian Congress to grant the Measure urgent and relevant status, both prerequisites for provisional measures. Despite the Law’s declaration of the Authority’s temporary nature, the latter has operated without interruption since December 2018.

Finally, given its intent to join the Organization for Economic Cooperation and Development (OECD), Brazil must change its national data protection regulatory system by incorporating an autonomous regulatory entity. The Authority’s recently expanded budgetary, administrative, and technical autonomy represents an important step towards that objective.

Our Digital Team continues to monitor Measure-related developments, among others. For additional information, contact us at digital@kasznarleonardos.com.
Back

Last related news

August 16, 2022

Brazilian National Health Surveillance Agency (ANVISA) decides to ban Carbendazim

On August 8th, 2022, during the 12th Extraordinary Public Meeting of DICOL, ANVISA’s Collegiate Board of Directors announced the completion of the toxicological Brazilian National Health Surveillance Agency (ANVISA) decides to ban Carbendazim

Ler notícia

July 19, 2022

Carbendazim toxicological revaluation about to be completed by ANVISA

In December 2019, ANVISA started the process of toxicological revaluation of the Active Ingredient (AI) Carbendazim, as signs of toxicity were identified Carbendazim toxicological revaluation about to be completed by ANVISA

Ler notícia

July 6, 2022

Compulsory license: patent owners in Brazil are under no obligation to provide know-how and raw materials

Good news for patent owners in Brazil: the National Congress has upheld the President’s veto n° 48/2021, which prevented those who had their Compulsory license: patent owners in Brazil are under no obligation to provide know-how and raw materials

  • Kasznar Leonardos
  • Ler notícia