POR QUE CONFIAR NA AUTORIDADE NACIONAL DE PROTEÇÃO DE DADOS? - DOI: 10.12818/P.0304-2340.2021v79p163

Abstract

The Brazilian Data Protection Authority (ANPD), the main public regulatory body of the local data protection legal system, emerged surrounded by high expectations, but also by well-grounded doubts about its real capacity to satisfactorily regulating that system, according to the aforementioned expectations and fulfilling the important role that the Brazilian Data Protection Act (Act number 13,708/2018) has assigned to it. The author of this article has performed a structuralist analysis of the ANPD, comparing it with institutions of a similar role in other countries, aiming at demonstrating that the actual structure of ANPD, by itself, would not hinder the proper performance of its duties. Next, the article provides a survey of the main measures carried out by the Brazilian Data Protection Authority until April 2021, critically assessing three of them. In the end, the conclusion showcases that the initial structure of ANPD, although not the ideal structure as desired by scholars of the field, at least so far has not hindered that public regulatory body from satisfactorily fulfilling its duties and corresponding to the enormous expectation related to it. Nevertheless, some parts of its first measures are technically debatable, as shown throughout the text. Something that could also happen with any public regulatory body, even with those already in place for decades, since small divergences are natural.