Changes proposed by Provisional Measure 869 and its (176) amendments

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In Brazil, the General Data Protection Law, brought a new regulatory panorama for the use of personal data, establishing specific rules regarding data processing, applicable to both the public and private sectors. After approval by the National Congress, some LGPD provisions were vetoed by then-president Michel Temer, including those that provided for the creation of the National Data Protection Authority (ANPD), the entity responsible for regulating and monitoring compliance with the LGPD.

When the Temer government's lights went out, on December Iran Telegram Number Data Provisional Measure 869 was enacted, which (re)created the National Data Protection Authority and also changed other relevant provisions of the LGPD. In addition to the changes made by MP 869, another 176 amendments have already been presented to the text, which aim to propose additional changes to the aforementioned law. Of the 176 amendments presented, approximately 40% propose changes or changes to the structure and competence of the ANPD.



Furthermore, 13% address data sharing between public authorities and private entities and 10% are intended for changes relating to sensitive health data. However, although the ANPD has an important role in how the LGPD would be applied and, depending on how its formation occurs, this activity could be significantly impacted, it is important to point out that none of the 176 amendments changed the essence and structure of the LGPD. The core of the law remains unchanged, that is, the data subject as the central point, in addition to the guarantee of rights and principles that must guide any and all processing activities, regardless of any changes brought about by the approval of the amendments.