Last Day for ANPD’s Public Consultation on Minors’ Data

On June 16, 2024, Brazil’s data protection authority, the ANPD, opened a public consultation on the processing of personal data of children and adolescents, with the last day for submission of comments being 30 days later, on July 17, 2024. 

In the official announcement, the ANPD stated that the Brazilian State and society are responsible for fully protecting children and adolescents, ensuring their fundamental rights and development in conditions of freedom and dignity. This consultation aims to shape future regulatory actions and covers topics such as the best interests of children and adolescents, parental consent, data processing limits, age verification in online games and applications, and transparency in data operations, in accordance with the General Law for the Protection of Personal Data (LGPD). 

In the official press release, Rodrigo Santana, General Coordinator of Standardization at the ANPD, made the following statement: 

The theme of data processing of children and adolescents is very dear to the Government and several rights protection organizations. The General Data Protection Law (LGPD) deals with the issue, but some issues need to be analyzed in the regulatory scope. It is necessary, for example, to observe the development of the child and exposure to risks in the digital environment. [...] It is important to emphasize that the action of the ANPD aimed at guaranteeing rights and protecting the personal data of children and adolescents is not limited to this public consultation, because it is a cross-cutting theme that must be considered, directly or indirectly, in all the regulatory actions of the ANPD.

The ANPD had previously addressed the issue of data protection for children and adolescents. In September 2022, they conducted a public consultation that led to the publication of Statement CD/ANPD nº 01/2023, standardizing the legal guidelines for processing children's data. They also released a guide clarifying the use of the legal concept of legitimate interest for children's data.

Following the end of the comment submission period, the ANPD will use the feedback from this consultation to conduct a Regulatory Impact Analysis (RIA) and propose suitable regulatory solutions.