Brazil: Presidential Provisional Measure No. 1317 enters into force for 60 days as temporary emergency law

On 17 September 2025, Presidential Provisional Measure No. 1.317 entered into force upon publication with immediate legal effect. The Measure remains valid for 60 days, automatically extendable once for an additional 60 days, unless converted into law by the National Congress. It amends several laws governing data protection authority governance. In particular, it amends Law No. 13.709 of 14 August 2018 to formally establish the National Data Protection Agency (ANPD) as a special autonomous agency linked to the Ministry of Justice and Public Security, granting it functional, technical, decisional, administrative, and financial autonomy. It further amends Law No. 10.871 of 20 May 2004 to create the Career of Data Protection Regulation and Inspection, introducing senior-level Specialist in Data Protection Regulation positions with regulatory and supervisory powers, including the authority to order the closure of establishments, seize goods, and request police assistance in the exercise of inspection functions. The Measure amends Law No. 9.008 of 21 March 1995 to include an ANPD representative on the National Consumer Defence Council and updates Laws No. 11.890 of 24 December 2008 and No. 13.326 of 29 July 2016 to integrate the new specialist career and remuneration framework. It also amends Laws No. 13.848 of 25 June 2019 and No. 14.600 of 19 June 2023 to reflect the ANPD’s institutional status. The Measure converts 797 vacant public service positions into 200 Specialist in Data Protection Regulation positions and additional commissioned posts, creates new executive functions within the ANPD, transfers assets and obligations from the former authority to the ANPD, and requires the ANPD to publish a plan to adapt its internal regulations within 30 days of the publication of its new regimental structure. If not approved by Congress within the constitutional period, the Measure will lose effectiveness after up to 120 days.