On October 20, 2020, Brazil saw yet another historical moment for data protection: the Senate has approved the government's nominees to form the Data Protection National Authority's (ANPD) first board of directors. This is an important step towards the Brazilian General Data Protection Law's (LGPD) applicability, considering that such entity will serve as the regulatory agency to the law's provisions.
Since the LGPD was sanctioned in 2018, there were many uncertainties regarding its applicability along with the constant stress that there should be an authority with a bureaucratic structure that worked to assure compliance. The fact that the LGPD came in force this September prior to the creation of such authority has raised uncertainties as to which guidance companies should follow.
Certainly, ANPD's board formation represents a paramount step to data protection in Brazil. After all, despite the fact that LGPD sanctions will only be applicable by the ANPD from August 2021 on, there are many purposeful gaps so that the authority may guide society towards LGPD compliance.
It was decided that the board's terms in further administrations shall be four years long. However, for this first setup, it will be two to six years long. Following is a brief introduction of the approved board members:
- Waldemar Gonçalves Ortunho Junior, board president-director: electronic engineer and president of Brazilian telecommunications state company Telebrás (six-year term)
- Arthur Pereira Sabbat: director of the Brazilian Institutional Security Office (GSI) responsible for the government's cybersecurity (five-year term)
- Joacil Basilio Rael: engineer and Waldemar Gonçalves Ortunho Junior's officer at Telebrás (four-year term)
- Nairane Farias Rabelo: lawyer specializing in tax law and data protection (three-year term)
- Miriam Wimmer: works for Brazil's National Telecommunications Agency (Anatel) and for the Ministry of Communications (two-year term)
We await the definitive implementation of the ANDP and the beginning of the activities and will release an update as soon as the authority issues any guidance.
Originally published by Mayer Brown, October 2020
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