Senate approves creation of agency that will monitor compliance with data protection

by Marcelo Moreira

The Senate approved this Tuesday (24) a provisional measure that transforms the National Data Protection Authority (ANPD) into a regulatory agency. Under the proposal, the body — created in 2019 and currently linked to the Ministry of Justice — will have more autonomy to act.

The new agency will be responsible for creating standards and monitoring compliance with the Digital Statute of Children and Adolescents, the ECA Digital, which aims to combat the so-called “adultization” of minors on social media.

The initiative provides for children and adolescents’ accounts to be linked to a legal guardian, in addition to the removal of content considered abusive and the imposition of new obligations on digital service providers. According to the text, ECA Digital will come into effect six months before the initially scheduled deadline, effective March 17th.

The provisional measure also transforms administrative agent positions into 200 positions of specialists in data protection regulation, to be filled through a public competition, in addition to the creation of another 18 commission positions. According to the proposal, the changes will occur without increasing expenses.

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