ILN Data Privacy Paper

Brazil

to an individual's fundamental rights and freedoms, necessitating a higher standard of protection under the Law. Anonymized data refers to information about a data subject that cannot be identified, considering the use of reasonable technical means available at the time of processing. The anonymized data falls outside the scope of the Law. 3.1.3. Processing of personal data and its different categories The LGPD mandates that the processing of personal or sensitive personal data must follow the legal bases established for each category of data, as detailed in Articles 7 and 11. Information on the legal bases can be found in Section 5.1 of this Guideline. 3.2. Statutory exemptions The LGPD and its regulations are designed to govern the processing of personal data about identified or identifiable natural persons. Consequently, data exclusively associated with legal entities (for example, The Brazilian National Registry of Legal Entities), falls outside the purview of the legislation. Furthermore, the LGPD does not apply to data processing that is conducted by natural persons solely for personal, non-commercial purposes, or data processed exclusively for journalistic, artistic, public security, national defense, state security, or in activities

connected with the investigation and repression of crimes. Additionally, data originating from outside Brazil that is not subject to communication or shared use with Brazilian processing agents is also exempt from the scope of the LGPD. 3.3.Territorial and extra-territorial application Article 3 of the LGPD states that any processing activity conducted by a natural person, or a legal entity is subject to the law, irrespective of where the entity is located or where the data resides. This applies if the activity meets any of the following conditions: (i) the processing occurs in Brazil; (ii) the processing aims to offer goods or services or involves handling personal data of individuals in Brazil; or (iii) the personal data being processed was collected in Brazil. Consequently, due to the extraterritorial application of the LGPD, factors such as the country of incorporation or location of the processing agents' head offices, the nationality and residence of the data subjects, and the location of the data are deemed irrelevant in determining whether the LGPD applies to a specific personal data processing activity.

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