Brazil’s President Nominates Data Protection Authority Directors

On October 15, 2020, Brazil’s President Bolsonaro formally nominated the 5 Administrators of the brand new Brazilian information safety authority (Agência Nacional de Proteção de Dados, “ANPD”), as printed within the Brazilia Official Journal. The Decree establishing the ANPD, on which we reported earlier, is now absolutely in impact. All 5 nominations, nevertheless, should nonetheless be permitted by the Brazilian Senate, which implies there are additional steps earlier than the ANPD is absolutely established and operational.

The Brazilian information safety legislation (Lei Geral de Proteção de Dados Pessoais, “LGPD”) establishes that these 5 nominations could have mandates starting from six to 2 years. It additionally establishes that the ANPD might be initially linked to the Brazilian Presidency. The Presidency could have two years to evaluate the ANPD construction, throughout which era it could convert the ANPD into an impartial public authority.

The 5 nominated Administrators embody three with a navy background, one from the Brazilian Ministry of Science, Know-how, Innovation and Communication, and one accomplice of a Brazilian legislation agency:

Waldemar Gonçalves Ortunho Junior – Director-President (six-year mandate), Military Colonel and digital engineer, presently President of the Brazilian telecommunications firm Telebrás

Arthur Pereira Sabbat (five-year mandate), presently Director of the Info Safety division of the Brazilian Presidency

Joacil Basilio Rael (four-year mandate), pc engineer who graduated from the Army Engineering Institute

Nairane Farias Rabelo Leitão (three-year mandate), lawyer and accomplice of a Brazilian legislation agency

Miriam Wimmer (two-year mandate), Director of Telecommunications Providers on the Brazilian Ministry of Science, Know-how, Innovation & Communications, and professor on the Instituto Brasiliense de Direito Público

The 5 Administrators could have the duty of building a model new technical information safety authority. The Centre for Info Coverage Management (“CIPL”) has written a white paper outlining how the ANPD can successfully meet and prioritize its statutory tasks. Obtain the paper, The Function of the Brazilian Knowledge Safety Authority (ANPD) underneath Brazil’s New Knowledge Safety Legislation (LGPD) (Portuguese model right here), and entry extra details about CIPL and CEDIS-IDP venture on LGPD efficient implementation and regulation.