Brazil’s Data Protection Authority opens public consultation on data processing for children and adolescents

On June 18, 2024, the Brazilian Data Protection Authority (ANPD) initiated a Public Consultation for the Regulatory Project on the Processing of Personal Data of Children and Adolescents. This consultation aims to gather contributions to support the ANPD’s analysis and proposal of regulatory actions on this subject.

The consultation will be accessible until July 17, 2024, and covers issues such as: the best interests of the child and adolescent, consent provided by parents and/or legal guardians, limits on the processing of personal data, age verification mechanisms in online games and applications, and transparency in operations.

After analyzing the contributions, the ANPD will conduct a Regulatory Impact Analysis (RIA) to propose the most appropriate regulatory solution.

Content of the public consultation

In light of the principles and provisions on the processing of personal data of children and adolescents outlined in the General Data Protection Law (Federal Law No. 13.709/2018 – LGPD), the consultation involves a list of questions formulated by the ANPD covering the following topics:

• Best interests of the child and adolescent: Evaluates the need for guidelines and regulations by the ANPD related to the best interests of the child and adolescent and seeks to identify specific situations or contexts of personal data processing that require greater attention and detail on this principle.
• Consent provided by parents and/or legal guardians: Explores the criteria and parameters for obtaining consent from parents and/or legal guardians, as established by the LGPD, as well as the measures and mechanisms that controllers should adopt to facilitate and verify consent provision, especially in digital environments. It also discusses the progressive autonomy of adolescents regarding consent.
• Processing of personal data in games and internet applications: Identifies principles, parameters, and safeguards, including design measures, to ensure the protection of personal data of children and adolescents on digital platforms. It also addresses best practices and techniques for verifying user age, specific limitations on data collection by digital platforms, parental control mechanisms, and improving transparency in presenting simple and accessible information on personal data processing to safeguard their best interests and mitigate risks associated with using these platforms.

Previous regulatory initiatives by the ANPD on the topic

In recent years, the ANPD has intensified regulatory initiatives to protect the personal data of children and adolescents. The first of these occurred in September 2022, with the release of a Preliminary Analysis and public consultation to standardize the interpretation of legal bases applicable to the processing of personal data of children and adolescents, resulting in the publication of CD/ANPD Statement No. 01/2023.

In 2024, the ANPD published the Guide on Legitimate Interest, clarifying aspects of applying this legal basis to the specific processing of personal data of children and adolescents.

How to contribute

The ANPD will accept contributions until July 17, 2024, exclusively through the Espaço Opine Aqui on the Participa+ Brasil platform.

After concluding the Public Consultation, the ANPD’s General Coordination of Regulation (CGN) will analyze the contributions and conduct a Regulatory Impact Analysis (RIA) to propose the most appropriate regulatory solution.

For more information, please contact Mattos Filho’s Data Protection and Cybersecurity practice area.