ANPD publishes its understanding about the processing of personal data of children and teenagers

The National Data Protection Authority (ANPD) published today, May 24, 2023, its understanding through an instrument named “Enunciado” about the processing of personal data of children and teenagers. According to the Enunciado, the processing of personal data of such data subjects can be carried out based on articles 7 (lawful bases for processing personal data) or 11 (lawful bases for processing sensitive data) of the Brazilian General Data Protection Law (LGPD), as long as the processing is carried out in the best interest of the child/teenager, to be carefully evaluated on a case-by-case basis.

Enunciados express a decision taken by ANPD regarding the interpretation of the data protection law and set a view about matters under ANPD’s responsibility and are binding on this Authority.

The official document (Enunciado CD/ANPD No. 1/2023) is available in Portuguese at https://lnkd.in/eudFjUQJ

For more information, please contact the heads of our Privacy and Data Protection team, Adriano Chaves and Marcia Issler Mandelbaum.