National Data Protection Authority (ANPD)

The National Data Protection Authority (ANPD) of Brazil was created by the General Law on the Protection of Personal Data (Law 13709/2018).

The Authority is a special agency, endowed with technical and decision-making autonomy, with its own assets and with headquarters and jurisdiction in the Federal District.

Composition

The National Data Protection Authority (ANPD) of Brazil is composed of a Board of Directors (which is the highest governing body), a National Council for the Protection of Personal Data and Privacy, an Internal Affairs Office; an Ombudsman's Office; an Attorney's Office; and administrative units and specialized units necessary to apply the provisions of this Law.

Competence

The General Personal Data Protection Law establishes a series of powers for the National Data Protection Authority, including, but not limited to: ensuring the protection of personal data, in accordance with the legislation; preparing guidelines for the National Policy for the Protection of Personal Data and Privacy; monitoring and applying sanctions in the event of data processing carried out in non-compliance with the legislation, through an administrative process that ensures adversarial proceedings, full defense and the right to appeal; promoting public knowledge of the rules and public policies for the protection of personal data and security measures; reporting to the competent authorities any criminal offenses of which it is aware; deliberating, in the administrative sphere, conclusively, on the interpretation of this Law, its powers and omissions; implementing simplified mechanisms, including by electronic means, for recording complaints about the processing of personal data in non-compliance with the Law.