Privacy & Cybersecurity Law Blog

On April 16, 2020, the Centre for Information Policy Leadership (“CIPL”), in collaboration with the Centro de Estudos de Direito, Internet e Sociedade of Instituto Brasiliense de Direito Público (“CEDIS-IDP”), published a White Paper (the “White Paper”) on the Role of the Brazilian Data Protection Authority (“ANPD”) under Brazil’s New Data Protection Law (“LGPD”). The White Paper is accompanied by two infographics: 1) the priorities of the Agência Nacional de Proteção de Dados, and 2) the case for an effective Brazil DPA - the ANPD.

The White Paper highlights the need for the Brazilian government to establish the ANPD immediately, regardless of the applicability date of the LGPD. It also outlines and describes what should be the ANPD’s priorities once it is established, in order for it to make the best possible use of its initial resources, and have the most effective results in protecting Brazilians’ personal data and ensuring the success of the LGPD. According to the White Paper, the ANPD’s priorities should be:

• Preparing the National Policy for the Protection of Personal Data and Privacy;
• Recognizing good practices and best-in-class examples of accountable privacy programs;
• Establishing rules, procedures and guidance for organizations as required by the LGPD;
• Clarifying LGPD provisions;
• Encouraging the adoption of industry technical standards and providing technical standards to organizations;
• Enabling international transfers of personal data;
• Raising awareness of data protection, and educating individuals and organizations; and
• Preparing to take enforcement measures.

The White Paper is part of a wider project by CIPL and CEDIS-IDP on effective implementation and regulation under the LGPD. The main goal of this project is to foster smart thinking and discussion around data protection in Brazil, while promoting information sharing, industry best practices and effective regulation, and facilitating consistent LGPD implementation.

Read the White Paper on the the Role of the Brazilian Data Protection Authority under Brazil’s LGPD. A Portuguese version of this White Paper is also available.