Description

Presidential Provisional Measure No. 1317 was extended by 60 days

On 18 November 2025, Presidential Provisional Measure No. 1.317 had its validity automatically extended for an additional 60 days pursuant to Article 62 of the Constitution, as the National Congress had not concluded voting within the initial 60-day period. The Measure remains in force for up to 120 days from publication unless converted into law. The Measure amends several laws governing data protection authority governance. 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 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 further 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.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection authority governance
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2025-09-17
in grace period

On 17 September 2025, Presidential Provisional Measure No. 1.317 entered into force upon publicatio…

2025-11-18
in grace period

On 18 November 2025, Presidential Provisional Measure No. 1.317 had its validity automatically exte…

2026-02-09
under deliberation

On 9 February 2026, Presidential Provisional Measure No. 1.317-A was approved by the Chamber of Dep…

2026-02-24
adopted

On 24 February 2026, the Senate adopted Presidential Provisional Measure No. 1317. The Measure form…