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Brazil: ANPD clarifies applicability of LGPD to deceased persons

The Brazilian data protection authority ('ANPD') announced, on 17 March 2023, that it had published a technical note on the applicability of the Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD') to deceased persons. In particular, the ANPD clarified that, in accordance with Article 6 of the Law No. 10.406 of 10 January 2002 for the Civil Code, the existence of a natural person ends with death; therefore, it is assumed that the LGPD only applies to the processing of personal data of living natural persons. To this end, the technical note further explains that data relating to a deceased person does not constitute personal data and is therefore not subject to the LGPD's protection.

You can read the press release here and the resolution here, both only available in Portuguese.