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On January 1, President Jair Bolsonaro published the Provisional Measure 870, which confirmed the creation of the National Authority for the Protection of Personal Data linked to the Presidency of the Republic, as previously defined by an MP by Michel Temer published on December 28, 2018.
The MP also amends articles of the Personal Data Protection Act (LGPD). Among the main changes is the extension of the entry into force of the new law, with an extended term to 24 months. Thus, the prediction is that the LGPD will go into effect in August 2020. However, it will need to be evaluated by the National Congress, both in the Chamber and in the Senate. The period for consideration by federal deputies and senators will be counted after the end of the parliamentary recess, scheduled for February 2, 2019, when the new legislature will begin.
The composition of the National Data Protection Authority (Art. 55-C) is made up of 6 structures and, below, we detail the two main ones:
1) Board of Directors, highest governing body
It will be composed of five directors, including the Chief Executive Officer. The directors will be appointed by the President of the Republic for 4-year terms and will occupy a commission position (DAS 5). The text of the provisional measure provides that the directors must be Brazilians with higher education and high concept in the field of specialty of the positions and determines that the first members of the Board of Directors may have terms of office of 2, 3, 4, 5 and 6 years, as established. in the act of appointment.
2) National Council for the Protection of Personal Data and Privacy
It will be composed of 23 representatives and alternate representatives of the bodies. Representatives will be appointed by the President of the Republic. Members of civil society entities, scientific, technological and innovation institutions and representative entities of the business sector (art. 58-A, VII, VIII and IX) will be appointed in the form of a regulation, will have two-year terms with one renewal permitted and cannot be members of the Internet Steering Committee in Brazil. You will have the following training of representatives:
The MP also amends articles of the Personal Data Protection Act (LGPD). Among the main changes is the extension of the entry into force of the new law, with an extended term to 24 months. Thus, the prediction is that the LGPD will go into effect in August 2020. However, it will need to be evaluated by the National Congress, both in the Chamber and in the Senate. The period for consideration by federal deputies and senators will be counted after the end of the parliamentary recess, scheduled for February 2, 2019, when the new legislature will begin.
The composition of the National Data Protection Authority (Art. 55-C) is made up of 6 structures and, below, we detail the two main ones:
1) Board of Directors, highest governing body
It will be composed of five directors, including the Chief Executive Officer. The directors will be appointed by the President of the Republic for 4-year terms and will occupy a commission position (DAS 5). The text of the provisional measure provides that the directors must be Brazilians with higher education and high concept in the field of specialty of the positions and determines that the first members of the Board of Directors may have terms of office of 2, 3, 4, 5 and 6 years, as established. in the act of appointment.
2) National Council for the Protection of Personal Data and Privacy
It will be composed of 23 representatives and alternate representatives of the bodies. Representatives will be appointed by the President of the Republic. Members of civil society entities, scientific, technological and innovation institutions and representative entities of the business sector (art. 58-A, VII, VIII and IX) will be appointed in the form of a regulation, will have two-year terms with one renewal permitted and cannot be members of the Internet Steering Committee in Brazil. You will have the following training of representatives:
- six from the federal executive branch;
- one from the Federal Senate;
- one from the Chamber of Deputies;
- one from the National Council of Justice;
- one from the National Council of the Public Ministry;
- one from the Brazilian Internet Steering Committee;
- four from civil society entities with proven performance in the protection of personal data;
- four from scientific, technological and innovation institutions; and
- four from entities representing the business sector related to the area of personal data processing.
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