ANPD announces the opening of public consultation on the processing of high-risk personal data

Monday, February 27th, 2023

As part of its regulatory plan for the 2021-2022 biennium, the Brazilian Data Protection Authority (ANPD) published, through Resolution CD/ANPD No. 2/2022, the regulation for the application of the Brazilian General Data Protection Law (LGPD) for small data processing agents, providing general guidelines on application of certain rules and obligations of the law, as well as provides some important clarifications and flexibilities for this group of agents.

The regulation (Sections 3 and 4) introduced a new and important concept, which was not foreseen in LGPD or any other rule published by ANPD previously, which is related to high-risk personal data. It is necessary to understand that, for personal data to be considered high-risk, must cumulatively meet one of the general criteria, which are large-scale processing or that my significantly affect the interests and fundamental rights of the holders, and a specific criterion, which include, for example, processing using emerging, innovative technologies or using automated decisions.

With the aim of clarifying the matter, the ANPD decided to open a public consultation to collect contributions for edition of a guideline capable to clarifying the concept of “high-risk”, something that was already foreseen in article 4 of the normative, in the paragraph 3.

This is an important opportunity for data processing agents (especially small ones) and other interested parties to contribute with information, suggestions and opinions, in order to help ANPD.

The intake will be open until September 28, 2022, and contributions can be sent via electronic form.

NNB Advogados has a team specialized in privacy and qualified to advise companies on consultative and litigious demands. To find out more about how we can assist you, contact us.