Regulatory agency of the Data Law cancels meetings – 04/12/2023 – Panel

In operation since 2020 by the federal government to supervise the application of the data law, the National Data Protection Authority (ANPD) has since 2021 canceled all meetings of the board of directors due to “absence of agenda matters”. In all, there were 23 meetings not held between May 2021 and March this year.

Linked to the Ministry of Justice and Public Security, the ANPD has a budget of R$ 40 million per year and, as it does not have its own staff, it brings together 90 civil servants requested from other bodies.

With the Data Law approved in 2018, the authority was only constituted two years later and converted into an autarchy in 2022, which guaranteed its financial survival. However, ANPD has until 2024 to comply with the regulatory process.

The agenda for these meetings must be published six days in advance by the CEO of the ANPD, Waldemar Gonçalves Ortunho Júnior. In a note, the body says that it has prioritized the deliberative circuits, which occur through electronic channels and make the appreciation of the matter more agile.

Specialists in LGPD (General Data Protection Law) highlight the importance of council meetings. “The sooner the issues are resolved, the faster the population will have greater control to help reduce digital fraud”, says criminalist Carolina Carvalho de Oliveira, partner at Campos & Antonioli Advogados Associados.

Ortunho Júnior, an army officer and electrical engineer, has chaired the ANPD since 2020 after being appointed by Jair Bolsonaro (PL). In October last year, Bolsonaro extended his mandate until November 2026.

The ANPD claims that, since 2021, it has received 2,054 requests, between complaints and petitions, and has initiated 41 inspection processes – of these, 16 have been completed.

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