Brazil: Opened consultation on the processing of minors’ personal data

On 8 September 2022, the Brazilian Data Protection Authority (ANPD) opened a public consultation on processing minors' personal data. The ANPD opened the consultation following a preliminary study which analysed the interpretations of Article 14 of the Brazilian Data Protection Act. According to the ANPD, there are three interpretations of Article 14. The first states that the processing of personal data of children under the age of 14 requires the legal guardian's consent. The second considers that personal data of children and adolescents fall within the definition of sensitive data. The third claims that the processing of minors' personal data must consider their best interests. During the consultation, the ANPD aims to gather comments from stakeholders on the best approach to be implemented regarding data processing to resolve the current legal uncertainty. Furthermore, following the consultation, the ANPD stated that it will issue guidelines clarifying the legal approach that entities must follow. Stakeholders are invited to submit their comments until 7 October 2022.