Brazil’s Data Protection Authority Opens Public Consultation on Processing of Biometric Data

On June 2, 2025, the Brazilian Data Protection Authority (ANPD) published a public consultation concerning the regulatory framework for the Processing of Sensitive Personal Data – Biometric Data, in accordance with item 5 of its Regulatory Agenda for the 2025-2026 biennium.

Given the increasing use of biometric data – including fingerprints, facial recognition, iris scans, and behavioral patterns – the public consultation seeks to gather contributions from society regarding the key challenges, risks, and best practices related to the processing of such data, in compliance with Brazilian Data Protection Law (LGPD).

According to the authority, this initiative has the potential to contribute to the regulation of the matter by establishing clear guidelines for the adoption of proportional measures, the definition of an adequate legal basis, the prevention of discriminatory impacts, and the promotion of transparency and accountability in the use of biometric data by public and private entities.

The public consultation includes 18 guiding questions, organized into the following thematic areas:

• Definitions and Principles
• Legal Bases
• Facial Recognition Technologies and Emerging Technologies
• Security, Best Practices, and Governance
• Data Subject Rights and Vulnerable Groups

The ANPD developed the guiding questions based on a comparative study of international benchmarks, including the General Data Protection Regulation (GDPR) of the European Union, as well as guidelines from data protection authorities worldwide, such as the Information Commissioner’s Office (ICO) from the United Kingdom, the Spanish Agencia Española de Protección de Datos (AEPD), the Commission Nationale de l’Informatique et des Libertés (CNIL), from France, and the European Data Protection Board (EDPB) – all recognized for their technical rigor and focus on the protection of rights.

Those interested in contributing to the public consultation can submit their considerations through the Plataforma+Brasil website by July 2, 2025.

For more information on the topic, please contact Mattos Filho’s Technology practice area.

*With the contribution of Emmanuele Nascimento Rosenhein.