ILN Data Privacy Paper

Brazil

6.1 Rights and remedies The LGPD grants data subjects the following rights, among others: a) obtain confirmation about the existence of processing activities of their data; b) access the data that is subject to processing; c) the right to correct incomplete, inaccurate, or outdated data; d) have unnecessary or excessive data anonymized, blocked, or eliminated; e) portability of data to a different provider of goods or services; f) eliminate data that is processed based on their consent; g) obtain information about public and private entities with which their data is shared; h) obtain information on the possibility of not giving their consent and also on the consequences of such an option; i) revoke their consent; and j) petition against the controller before the ANPD as well as before consumer defense bodies, where applicable. Rights and Duties of Data Providers/Principals

Specific contexts under Article 33, items III–IX: Including international legal cooperation, protection of life or physical safety, execution of public policies, explicit consent, legal or regulatory obligations, and contractual necessities. The regulation emphasizes that controllers must verify the characterization of any international transfer, ensure transparency, and provide clear information to data subjects regarding the purpose, destination countries, and security measures applied. Both controllers and processors are responsible for

adopting effective measures to comply with the LGPD, taking into account the risk level of the processing and the transfer mechanism employed.

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