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Brazil: ANPD releases interpretation on processing of minors' data under LGPD

On May 24, 2023, the Brazilian data protection authority (ANPD) released a statement that aims to standardize the interpretation of the General Law on Personal Data Protection (LGPD) with regard to the processing of children and adolescents' data. The ANPD explained that the statement represents the first initiative of the ANPD related to the protection of children and adolescents' personal data and establishes its understanding of the interpretative possibilities of Article 14 of the LGPD.

The statement provides that the processing of personal data of children and adolescents may be carried out based on Articles 7 or 11 of the LGPD provided that the best interest of the child and adolescent is observed and prevails, noting that this should be evaluated in the specific case under the terms of Article 14 of the LGPD. On the above, the ANPD highlighted that the statement aims to provide guidance on the best interests of children and adolescents as a fundamental criterion for the evaluation of data processing operations involving these data subjects. 

Furthermore, the ANPD confirmed that it is working on a guide on legitimate interest, that will provide specific guidelines for the processing of children and adolescents' personal data, in accordance with the principle of best interest.

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