Children’s and Adolescents’ Personal Data: ANPD Seeks Public Comments

The Brazilian Data Protection Authority (“ANPD”) recently released a public consultation seeking answers from the public to questions the ANPD is making available until July 17, 2024. The answers will help the ANPD build its upcoming guidance on processing the personal data of children and adolescents. The questions are mostly related to digital platforms.

To protect children and adolescents—a principle in the Brazilian Constitution and covered in provisions in the Brazilian General Data Protection Law (LGPD)—and to consider the best interests of minors in personal data processing activities, the ANPD seeks answers to questions such as:

• What measures and mechanisms should be adopted by digital platforms to allow parental consent and, at the same time, ascertain that the consent has been given by an actual parent or legal guardian?
• What privacy-by-design measures should be adopted on digital platforms to secure children’s and adolescents’ best interests?
• What good practices and techniques are available to carry out age-checking on digital platforms?
• What are the potential limitations to classifying children and adolescents by their consumer profile?
• What mechanisms and good practices should be adopted to augment parental control over how children’s and adolescents’ personal data is processed online?

We will continue to monitor the ANPD’s efforts on this topic.