Brazil: Published Guidance on Legal Hypotheses for Data Processing and Legitimate Interest

On 2 February 2024, the National Data Protection Authority (ANPD) published a Guidance on Legal Hypotheses for Data Processing and Legitimate Interest. The processing based on legitimate interest is established in Article 7 of the General Law for the Protection of Personal Data (No. 13,709), and the guidance clarifies key aspects for applying the legal concept of legitimate interest by controllers or third parties, including within the framework of public authorities. It provides clarification on the interpretation and application of this legal concept, offering definitions for associated principles and establishing interpretation parameters. The guidance also introduces a model for conducting a balancing test in relevant scenarios.