ANPD becomes independent regulatory agency: A turning point for Brazilian data protection

Brazil's data protection landscape has changed significantly with the National Data Protection Authority's transformation to an independent regulatory agency. What once seemed like an experimental entity now takes on a leading role in Brazil's digital ecosystem.

With Provisional Measure No. 1.317/2025 the authority becomes the National Data Protection Agency, guaranteeing "functional, technical, decision-making, administrative and financial autonomy," and "consolidating the entity as an independent regulator of data protection in the country."

The change is not limited to a new name. By transforming the ANPD into a special autocracy, Brazil now has an institution endowed with its own assets and legal seat in the Federal District, in the same mold as agencies that regulate strategic sectors like energy, health and telecommunications.

This grants institutional strength and the capacity for independent action, something that until now seemed far off given the limited staff and administrative dependence that had marked the authority.

"In practice, this is a more robust and interference-resistant authority, equipped with tools to effectively regulate, monitor, and sanction," states the press release announcing the measures issued by President Luiz Inácio Lula da Silva, noting the agency's "strengthened powers" include enforcement of Bill 2628/2022, known as the Digital ECA, which establishes safeguards for children and adolescents in digital environments.

This institutional reinforcement is evident in the creation of new mechanisms, such as an internal Office of the General Counsel and an Audit Office, both milestones for accountability. The first ensures proper legal defense of the agency's decisions in the event of judicial disputes, while the second reinforces internal control mechanisms, reducing risks of arbitrariness and increasing the legitimacy of its actions.

A particularly important aspect of this transformation is the creation of Data Protection Regulation and Oversight positions, amending Law No. 10.871/2004. For the first time, Brazil will have tenured civil servants, specifically trained to regulate, inspect and oversee the processing of personal data.

This technical corps will undergo a mandatory qualifying training program, signaling the country's commitment to form a permanent nucleus of excellence in privacy and data protection. It marks the transition from an improvised to structured public policy, one that does not depend on the goodwill of the government that happens to be in power.

Strengthened enforcement is another central element of the change. The provisional measure makes it clear that the ANPD can now order establishments to cease operation, seize goods and request police assistance in cases of obstruction of its functions.

This represents an important step toward aligning the ANPD's operations with those of agencies like the National Health Surveillance Agency or the Brazilian Institute of the Environment and Renewable Natural Resources, which have effective police powers in health and environmental matters.

The message is unequivocal: compliance with the LGPD is no longer a matter of reputation or best practices, but a requirement for legal survival, since this new framework ensures violators will be punished.

On the legal certainty front, the provisional measure guarantees the new agency will fully succeed the former authority in rights, obligations, revenues and lawsuits, removing the Union from those responsibilities. This eliminates doubts about the legitimacy of the transition and ensures no company or citizen is left in a regulatory limbo.

But the measure goes further. The ANPD will have to present a plan to adapt its regulations to its new status within 30 days. This obligation introduces a sense of urgency and shows that the institutional transformation cannot remain rhetorical. Within a month, the country should know what the new agency's regulatory priorities will be.

The impact of this transformation goes beyond the LGPD. The ANPD now plays a central role in discussions such as the Digital Child and Adolescent Statute and the regulation of artificial intelligence, currently under debate in Congress. This sends the clear message that data protection is now established as regulatory infrastructure for both the economy and citizenship.

There can be no trustworthy AI, no sustainable technological innovation, and no genuine digital transformation without a strong regulator capable of balancing innovation with the protection of fundamental rights. Consider, for instance, a startup using sensitive data to train algorithms. The ANPD's role will be crucial in determining whether such practices respect or violate individual rights, creating technical and market standards that will impact the entire digital economy.

Strengthening the ANPD, however, is not risk-free. The history of regulatory agencies in Brazil shows autonomy is not automatically synonymous with efficiency. There have been cases of political capture, excessive bureaucracy and sluggish responses to social and economic demands.

The ANPD will have to prove it can be different — tough on enforcement, but agile and forward-looking, capable of engaging with society and the market without giving up its independence. International experience teaches that the value of a regulatory agency is not measured merely by the number of fines it applies, but by its ability to build trust and legal certainty.

From an economic perspective, this change can serve as a catalyst for investment. Both national and foreign companies tend to welcome the presence of a strong regulator with specialized technical staff and decision-making autonomy. For international investors, it means less risk of arbitrariness and more predictability.

From a social perspective, Brazilians will be able to count on an agency equipped with concrete tools to ensure their personal data is not abused, whether by private companies or by the state itself.

Imagine, for example, apps directed at children that collect information in opaque ways. Under the new ANPD, there will be real instruments to impose limits, demand transparency and apply proportional sanctions.

The future of the ANPD as an agency, however, will depend on its ability to consolidate itself as a reference point in data regulation and, more than that, as a driver of a culture of privacy in the country. Its mission does not end with imposing fines or shutting down establishments. It must also educate, guide, create standards of conduct, and, above all, foster trust in the digital ecosystem.

Brazil now can stand at the forefront of data economy regulation, provided the agency adopts a highly strategic, technical and ethical posture.

The transformation of the ANPD into an agency is a milestone. But the question that will guide the coming years is simple, yet powerful. Will the ANPD be another autarchy within the public administration, or will it be an institution capable of shaping the country's digital future?

If the answer is the latter, we will be witnessing a historic moment in which data protection ceases to be a promise and becomes a pillar of democracy, digital trust and responsible innovation in Brazil.

Marcelo Crespo, CIPM, CDPO/BR, is an attorney specialized in digital law and coordinator of the undergraduate law course at ESPM.