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ARTICLE · 26 SEPTEMBER 2022

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ANPD Launches Public Consultation On Preliminary Study Of Processing Children's, Adolescents' Personal Data

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The Brazilian National Data Protection Authority (ANPD) has submitted for public consultation, until October 7, 2022, a preliminary study regarding the legal bases applicable to the processing of personal data...

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The Brazilian National Data Protection Authority (ANPD) has submitted for public consultation, until October 7, 2022, a preliminary study regarding the legal bases applicable to the processing of personal data of children and adolescents.

The lack of clarity of Article 14, Section 1, of LGPD (Federal Law No. 13,709 of 2018) allowed different interpretations on whether consent would be the only lawful basis for processing the personal data of the minor.

Based on the findings of the preliminary study, the ANPD asserts that the processing of personal data of children and adolescents can be carried out with support of the legal bases provided for in arts. 7 and 11 of the LGPD, observing the applicable legal requirements and the principle of best interest, pursuant to art. 14. The ANPD's interpretation is in accordance with Statement No. 684, of the IX Civil Law Conference, promoted by the Federal Justice Council:

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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