Brazil: Senate adopted Presidential Provisional Measure No. 1317

On 24 February 2026, the Senate adopted Presidential Provisional Measure No. 1317. The Measure formally establishes the National Data Protection Agency (ANPD) as a special agency linked to the Ministry of Justice and Public Security and grants it technical, administrative, and financial autonomy. The Measure amends Law No. 13.709 of 14 August 2008 to reflect the ANPD’s new status. It also amends Law No. 10.871 of 20 May 2004 to create a new Data Protection Regulation and Inspection Career, introducing 200 senior-level Data Protection Regulation Specialist positions. These specialists are granted defined supervisory powers, including the ability to request the closure of establishments, seize goods, and seek police assistance when carrying out inspection duties. Further amendments integrate the new career structure into existing legislation. Law No. 9.008 of 21 March 1995 is amended to include an ANPD representative on the National Consumer Defence Council. Law No. 11.890 of 24 December 2008 and Law No. 13.326 of 29 July 2016 are updated to incorporate remuneration rules for the new specialist career. Law No. 13.848 of 25 June 2019 and Law No. 14.600 of 19 June 2023 are also amended to reflect the ANPD’s institutional and operational framework. The Measure confirms that the Digital Statute of Children and Adolescents (Law No. 15.211) will enter into force on 17 March 2026. It also converts 797 vacant public service positions into 200 Data Protection Regulation Specialist roles and other commissioned posts, creates new executive functions within the ANPD, and provides for the transfer of assets, revenues, and obligations from the former National Data Protection Authority to the newly structured ANPD. Finally, the ANPD must publish a plan to adapt its internal regulations within 30 days of the publication of its new regulatory structure.