Alternatives for an adequate structuring of the national data protection authority (ANPD) in its independent profile: proposals to overcome the technological challenges in the age of digital governance

This article aims to identify the necessary elements for the independent and democratic structuring of the National Data Protection Authority (ANPD) in its definitive legal profile, as an autarchy under a special regime, so that it can achieve the technical and decision-making autonomy that it was granted by the Brazilian Data Protection Law (LGPD). Drawing on documentary research and findings 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 its recent formal separation from the Direct Administration, being also possible to conclude that the success of the state modernization in the Digital Age will depend, to a large extent, on intertemporal choices able to direct the ANPD towards a structure attentive to technological innovations. To this end, the training and continuing education of the institution’s staff, as well as possible agreements to be signed by the entity, such as the alternatives sought by the Courts of Accounts in the field of information and communications technology (ICT), emerge as a determining factor.