The Brazilian National Data Protection Authority (NDPA) was created as a legal entity linked to the Presidency of the Republic. However, it is a transitory legal nature, liable to be transformed within up to two years after the entry into force of its regulatory structure. The aim of this research was to investigate the practical implications of the absence of autonomy by NDPA. The results were as follows: the absence of technical, scientific, organizational and decision-making autonomy frustrates the purpose for which the NDPA was created. In other words, the most adequate legal nature for the effectiveness of the NDPA attributions is that of a special autarchy, in the terms that was originally thought.