Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
Decree 10.474 was published, approving the “Regimental Structure and the Demonstrative Table of Commissioned Positions and Functions of Trust of the National Data Protection Authority” (“ANPD”).
According to the General Data Protection Law, the ANPD’s “purpose is to protect the fundamental rights of freedom and privacy and the free development of the personality of natural persons”. As such, the Agency will be responsible for ensuring the protection of personal data and the observance of commercial and industrial secrets; drawing up guidelines for the National Policy for the Protection of Personal Data and Privacy; supervising and applying sanctions; promoting public awareness; laying down the forms of publicity for operations involving the processing of personal data; carrying out audits or ordering them to be carried out; issuing simplified and differentiated rules, guidelines and procedures; among others.
According to the Decree, the ANPD will be made up of a Board of Directors (the ANPD’s highest decision-making body), an advisory body (the National Council for the Protection of Personal Data and Privacy) and direct and immediate assistance bodies, sectional bodies and specific singular bodies, each with its competencies described in Annex I of the Decree.
