Transform the ANPD into a regulatory agency with new responsibilities

The National Data Protection Authority (ANPD) may become a regulatory agency, undergoing significant changes to its structure and operations. This proposal is part of Provisional Measure 1.317\/2025, currently in progress in Brazil, which aims to reinforce the protection of personal data in the country.

The ANPD aims to oversee the application of the General Data Protection Law (LGPD), in force since 2020, and has already taken action against several companies that do not respect users' privacy. The project approved in the Chamber of Deputies expects a final vote by February 25 of this year.

Main changes in the ANPD

The proposal introduces several important modifications:

• The ANPD will keep its acronym but will change from an independent authority to a regulatory agency, granting it greater responsibilities and powers;
• The new structure will have functional, technical, decision-making, administrative, and financial autonomy, but will be linked to the Ministry of Justice and Public Security;
• Specialized positions will be filled through public competitions, with a forecast of 200 new positions and 14 commissioned roles;
• Employees already present in the ANPD will be able to continue in the new agency without increasing personnel costs.

Expansion of competencies

In addition to existing responsibilities, the ANPD will also be strengthened to oversee the Digital Child and Adolescent Statute, which will come into effect in March 2026. The new duties aim to protect not only adults but also minors in the digital environment.

With these changes, there is a possibility that Brazil will follow examples from other countries, such as Spain and Australia, which limit the presence of minors under 16 on social media. The debate on this issue is prominent and may impact the digital lives of young people in the country.

The measure has the potential to significantly change the way privacy and data protection are handled in Brazil, reflecting a growing concern for the digital security of the population.