Brazilian Data Protection Authority's Most Relevant Publications To Date

• Published date: 10 November 2022
• Subject Matter: Privacy, Data Protection
• Law Firm: Tauil & Chequer
• Author: Tauil & Chequer

The Brazilian Data Protection Authority (ANPD) has issued important guidance covering a variety of privacy aspects including security measures, determining controller and processor capacities, and how the ANPD administrative process will be applied to investigating companies and imposing penalties. We have gathered those we consider the most relevant.

Ordinance No. 11 of 2021

Publicizes the Brazilian National Data Protection Authority's (ANPD) regulatory agenda for the biennium 2021-2022.

A first glimpse into ANPD's activities plan. The agenda includes a number of issues as well as the ways through which the ANPD aims to discuss and disseminate them (resolution, guide or ordinance). Some publications are still scheduled for 2022, including resolutions on data subjects' rights, on the personal data protection officer (DPO) and international data transfers, as well as a best practices guide relating to the legal processing of personal data in the Brazilian General Personal Data Protection Law (LGPD).

Ordinance No. 1 of 2021

Establishes the ANPD's internal regulations

A thorough document for those who want to understand the authority's procedures and limitations, which are all internal regulations. The ANPD has a complex organizational structure that includes various boards with different areas of activity and competences. The internal regulation released by Ordinance No 1/2021 covers the ANPD's whole organizational structure. The ANPD is described in Article 1 of the internal regulations as "a body of the Presidency of the Republic." The ANPD is now a special autarchy, with increased autonomy and procedural ability, thanks to Provisional Measure No. 1.124/2022. It is worth mentioning that the provisional measure has not yet been transformed into legislation and is presently being debated in Congress.

The National Consumer Defense Council's Data Protection Center's guidance, developed in collaboration with ANPD and SENACON

Simplifies the LGPD's most important aspects for consumer awareness. Also includes guidelines for public and private organizations' activities in regards to personal data processing in order to avoid violating consumer rights. An essential guide that symbolizes the ANPD's collaborative activity with consumer protection organizations, taking into account the Technical Cooperation Agreement between the ANPD and SENACON.

Information Security Guide for Small Processing Agents

Version 1.0

Directs small processing agents to preserve

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