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

On 7 October 2022, the Brazilian Data Protection Authority (ANPD) closed its public consultation on the legal approach governing minors' personal data processing. 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 gathered comments from stakeholders on the best approach to be implemented regarding data processing to resolve the current legal uncertainty. Furthermore, the ANPD stated that it will issue guidelines clarifying the legal approach that entities must follow.