On September 8, 2022, the Brazilian Information Security Authority (“ANPD”) released a community session on the processing of minors’ personalized info (encompassing little ones underneath 12-yrs-outdated and adolescents concerning the ages of 12- and 18-years-aged). The session will conclude on October 7, 2022. In accordance to the ANPD, the intent of the consultation is to solve divergent interpretations amid general public authorities, teachers, privateness professionals, and representatives of civil culture concerning the Brazilian Info Safety Law’s (“LGPD”) provision on the processing of minors’ personalized information (Report 14). The Authority will use the feedback it gets to attract up rules on the subject matter and, quite possibly, amend the LGPD.
The consultation is knowledgeable by a “preliminary research” prepared and published by the ANPD that examines the pursuing three most widespread interpretations of Short article 14 of the LGPD that the abovementioned stakeholders have place forth:
- that processing the particular knowledge of kids under 12-a long time-aged will always demand the consent of a mother or father or legal guardian
- that processing children’s and adolescents’ personalized information have to comply with the LGPD’s needs for processing “sensitive” info to the extent that it satisfies that definition – i.e., individual facts concerning racial or ethnic origin, spiritual conviction, political feeling, membership of a trade union or of a religious, philosophical or political organization, facts relating to health and fitness or sex daily life, genetic or biometric info when linked to a purely natural individual and
- that any processing of children’s and adolescents’ own facts need to always be carried out in a manner that requires into account their ideal passions.
The ANPD’s research discusses the execs and negatives of just about every of these interpretations, but ultimately concludes that the 3rd choice is the most proper interpretation of the LGPD. As a consequence, the Authority proposes to amend Post 14 of the LGPD by including the pursuing draft language:
“The processing of personal info of children and adolescents may be carried out pursuant to the authorized bases [listed] in Report 7 or, in the scenario of sensitive knowledge, [the legal bases listed] in Report 11 of the Standard Law of Knowledge Defense (‘LGPD’), furnished that their finest curiosity is taken into account, which demands to be assessed in each individual concrete circumstance, in accordance with Post 14 of the LGPD.“
Having said that, the Authority has not yet taken a final final decision on this matter and invites any one interested to add to the session through this platform.
The ANPD’s consultation follows from a long line of new regulatory and legislative developments all around children’s privacy throughout the world, which include, by way of illustration, the United Kingdom’s Age Ideal Design Code in September 2021 (see our weblog posts here and here), Ireland’s Fundamentals for A Baby-Oriented Solution to Details Processing in December 2021 (see our web site posts right here and in this article), as perfectly as California’s not too long ago enacted Age-Appropriate Design and style Code Act.