An interim measure transforms the Brazilian Data Protection Authority into an independent entity

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Interim measure 1 124/22 published on June 14, 2022, transformed the Brazilian Data Protection Authority in special nature entity. The measure is binding and will enter into legal force upon publication. Consequently, the Authority will benefit from complete administrative and budgetary autonomy, previously limited to technical and decision-making aspects. To become law, the measure must be approved by the National Congress within 60 days, subject to a further 60-day extension.

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

Without cost increase, the measure also creates a post of Director of the Authority, while allocating the current servers to the Authority. At the same time, the organizational structure and powers of the Authority established by law will be maintained.

The challenge now remains to convince the Brazilian Congress to grant the measure the status of urgency and relevance, two prerequisites for provisional measures. Despite the declaration by law of the temporary nature of the Authority, it has been operating without interruption since December 2018.

Finally, given its intention to join the Organization for Economic Co-operation and Development (OECD), Brazil needs to modify its national data protection regulatory system by incorporating an autonomous regulatory entity. The recently extended budgetary, administrative and technical autonomy of the Authority represents an important step towards this objective.

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