ANPD announces the opening of public consultation on the processing of personal data of children and teenagers

Monday, February 27th, 2023

On September 8, the Brazilian Data Protection Authority (ANPD) announced about the opening of a public consultation to receive contributions from civil society on the processing of data of children and teenagers (young people up to 18 years).

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Among the provisions of the LGPD that deal with this matter, Section 14, first paragraph indicated that, for all processing activities, it is required the processing agents to collect specific consent and highlighted consent from one of the minor's legal guardians.

The rule in question has been questioned by several experts due to the provision of only one legal basis for data processing. This can often make it unfeasible to use the data for the pursuit interest cherished by society and essential to meet the best interests of children and teenagers, such as in situations of fraud prevention, compliance with legal/regulatory obligations, health protection, implementation of public policies, among others.

Due to this scenario of legal uncertainty, the ANPD has prepared a preliminary study on the legal hypotheses of processing of personal data of children and teenagers and their practical implication. The intake will be open until October 7, 2022, and contributions can be sent via electronic form.

In this process, the Brazilian General Data Protection Law (LGPD) dedicated specific section to the personal data of these young people, indicating as a general rule that the processing of these subjects should be carried out in their best interests, constituting an activity that requires a careful analysis and special protection.