THE NATIONAL DATA PROTECTION AUTHORITY (ANPD)

ELEMENTS FOR AN INDEPENDENT AND DEMOCRATIC STRUCTURING IN THE ERA OF DIGITAL GOVERNANCE

Abstract

This article aims to identify the main elements necessary for the independent structuring of the National Data Protection Authority (ANPD) in its future definitive legal profile, as an autarchy under a special regime, so that it can achieve the technical and decision-making autonomy assigned to it by the General Law of Data Protection (LGPD). Drawing on documentary research and comparing studies on similar foreign authorities, it is possible to point out, as a partial result of this analysis, the insufficiency of entrusting such a mission to a mere formal separation from the Direct Administration. From the bibliographical survey conducted, as well as from the analysis of the field research conducted in the European scenario, it is possible to conclude that the success of state modernization and its regulatory management in the Digital Age will depend, to a large extent, on intertemporal choices capable of directing the ANPD towards a democratic, efficient and responsive structure to technological innovations, being a determining factor the training and qualification of the civil servants who will integrate the institution's staff.