ILN Data Privacy Paper

Brazil

(ii) compliance with a legal or regulatory obligation by the controller; (iii) shared processing of personal data necessary for the execution, by the public administration, of public policies provided for in laws or regulations; (iv) for studies carried out by research bodies, guaranteeing, whenever possible, the anonymization of sensitive personal data; (v) regular exercise of rights, including in contracts and in judicial, administrative, and arbitration proceedings; (vi) protection of the life or physical safety of the data subject or a third party; (vii) protection of health, exclusively in procedures carried out by health professionals, health services, or health authorities; or (viii) guaranteeing the prevention of fraud and the security of the data subject in processes of identification and authentication of registration in electronic systems. Remarks on Consent : The LGPD defines consent as a freely given, informed, and unambiguous indication that the data subject agrees with the processing of their personal data for informed purposes. Consent must always be given in writing or by other means that evidence the effective manifestation of the data subject’s free will, always under a clause separate from other

contractual clauses and shall relate to determinate purposes, provided that any generic consent shall be deemed null. The data subject may, at any time, revoke their consent through a free and facilitated procedure that must be made available by the controller.

5.2 Data storage and retention timelines Article 165 of the LGPD stipulates that personal data processing must cease upon the occurrence of any of the following conditions:

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