On 09/08/22, the Brazilian National Data Protection Authority (ANPD) announced on its website that it will accept public contributions on the topic of processing the personal data of children and adolescents.
With this opening, the ANPD aims to build solid support for an official interpretation of the rules for the processing of personal data of children and adolescents. The matter is sensitive as there are currently no definitions of activities that could authorize the data processing of these types of data subjects.
The authority already received questions from several civil society actors on the subject, with many regarding parental consent as the only valid hypothesis to process children’s data and the possibility of applying Articles 7 and 11 of the LGPD to support this type of treatment activity.
The ANPD prepared an initial document mapping the main divergences around the topic and proposed a preliminary statement. The study is not exhaustive, since the idea is that the different sectors of civil society can give their opinion on the initial interpretation by the ANPD and propose further changes on the subject.
Contributions on this subject can be made until 07/10/22, and these must be sent through the Participa Mais Brasil Platform.
Our Technology, Privacy and Data Protection team is available to answer any questions and provide support related to the topic.