Brazil
The LGPD is based on the premise that the processing of children's and adolescents' personal data must respect their fundamental rights, especially the right to freedom, privacy, and the free development of their personality. This entails considering the unique needs and preferences of each child or adolescent in an individualized and contextualized manner whenever there are multiple interpretations or applications of the Law. In May 2023, the ANPD released Statement No. 01/CD/ANPD, acknowledging that the processing of personal data of children and adolescents is justified by all the legal bases outlined in the LGPD, as long as the minor's best interests are observed and prevail, to be assessed in the specific case, by art. 14 of the Law. Regulatory Authorities 8.1. Overview of relevant statutory authorities The ANPD, as the central authority responsible for ensuring the Processing of Children or Minors’ data 6.2. Duties No duties are imposed on data subjects under the LGPD. protection of data subjects' personal data, oversees data processing activities and regulates any matters that require further clarification under LGPD. Established as an autarchy of a special nature linked to the Ministry of Justice and Public Security, the ANPD began its activities in November 2020.
In addition to the ANPD, other authorities also play roles in data protection cases within their specific competencies. For instance, the Consumer Protection and Defense Foundation (PROCON) may apply sanctions provided in the Consumer Protection Code to data processing agents who violate data subjects' rights in connection with consumer rights. Meanwhile, the Judiciary Branch is responsible for adjudicating any lawsuits involving privacy and the protection of personal data, such as claims for compensation for moral or material damages arising from data leaks or misuse of personal data. 8.2. Role, functions and powers of authorities Among the functions and powers assigned to the ANPD are the duties to (i) ensure the rights of data subjects, (ii) supervise personal data processing activities carried out by public and private agents, (iii) apply administrative sanctions in the event of violations of the LGPD, (iv) guiding and educating society on the rights and duties related to personal data, and (v) promoting national and international cooperation on the subject. 8.3. Role, functions and powers of civil/criminal courts in the field of data regulation The Judiciary Branch's role is to analyze, interpret the LGPD, and resolve legal disputes concerning privacy and data protection.
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