Brazilian Data Protection Authority becomes a Regulatory Agency and Assumes New Responsibilities for the Digital Protection of Children and Adolescents

Summary

Provisional Measure #1.317 of September 17, 2025 has transformed the Brazilian Data Protection Authority into the Brazilian Data Protection Agency (also called ANPD), a special autonomous agency linked to the Ministry of Justice and Public Security. This transformation grants the ANPD functional, technical, decision-making, administrative, and financial autonomy, aligning it with the model of other federal regulatory agencies (as established by Law #13,848/2019). The Provisional Measure also creates the Career Track for Data Protection Regulation and Oversight, with 200 specialist positions, thereby expanding the agency’s technical and supervisory capacity.

In parallel, Decree #12.622, also published on September 17, 2025, regulates Law #15.211/2025 (the Digital Statute for Children and Adolescents), consolidating the ANPD as the central authority responsible for the protection of children and adolescents in digital environments. The Decree also establishes procedures for complying with court orders involving the blocking, suspension, or prohibition of digital activities deemed inappropriate for this audience.

New Responsibilities of the ANPD in the Digital Environment

ANPD is tasked with overseeing, regulating, and monitoring compliance with the Law #15.211/2025. It is granted the power to issue supplementary regulations, provide practical recommendations, and coordinate protective measures across all levels of public administration and with private entities, always prioritizing the best interests of children and adolescents.

Among its responsibilities is the ability to regulate minimum security standards, ensure transparency in age verification processes, establish rules for the use of parental control tools, and define criteria for adjusting obligations based on the size, type of service, and level of technological involvement of the provider.

Court Orders for Blocking and Interinstitutional Coordination

The Decree also regulates the enforcement of court orders involving the blocking, suspension, or prohibition of digital activities deemed inappropriate for children and adolescents. ANPD plays a central role in coordinating these measures, in partnership with the National Telecommunications Agency (Anatel) and the Brazilian Internet Steering Committee (CGI.br).

Anatel is responsible for forwarding court orders to internet service providers and other entities that enable user access to digital servers and content. CGI.br, in turn, is tasked with receiving and implementing blocking measures related to domain name resolution under the “.br” domain. These entities may determine the most appropriate technical method to ensure the effectiveness of judicial orders and to enforce both administrative and judicial sanctions.

Oversight, Enforcement, and Next Steps for ANPD

ANPD will be able to issue specific regulations to ensure the effective protection of children’s and adolescents’ data and rights. This includes issuing technical standards, directly supervising public and private entities, requiring the sharing of impact assessment reports, and conducting regular evaluations of the risks associated with data processing involving this audience.

The Decree emphasizes that no form of mass, disproportionate, or discriminatory surveillance that violates fundamental rights established in the Federal Constitution, the Child and Adolescent Statute, or the Brazilian Data Protection Law (LGPD) will be permitted. It also states that obligations must be tailored proportionally to the level of influence and technical capacity of each technology provider.

Operational rules and detailed recommendations from ANPD are expected to be published soon, filling legislative gaps and guiding providers, legal guardians, and civil society.

Entry into Force

Provisional Measure #1.317/2025 and Decree #12.622/2025 entered into force on the date of their publication (September 18, 2025).