On August 16, 2023, the National Data Protection Authority (“ANPD” or “Brazilian DPA”) announced a Public Hearing regarding a soon-to-be published Guideline on the interpretation and application of the legitimate interest legal grounds by data processing agents, in compliance with the Brazilian General Data Protection Law (“LGPD”).
The Preliminary Report of the Guideline issued by the Brazilian DPA provides about the relevant definitions necessary, as well as the criteria which will be used when assessing if the data processing controller has in fact a legitimate interest in the personal data processing.
The Preliminary Report also establishes the conditions that shall be considering in order to perform the balancing test, with a simplified template that could be used by the controller.
Contributions must be sent electronically between August 16 and September 15, 2023, exclusively through the Participa Mais Brasil platform, available at the following link: https://www.gov.br/participamaisbrasil/consulta-a-sociedade-de-estudo-preliminar-sobre-legitimo-interesse-1.
Our team is available for further clarification, as well as to advise on the procedures for complying with the regulatory obligations of the LGPD before the ANPD.
Gustavo Flausino Coelho – gustavo@bastilhocoelho.com.br
Fernando Naegele – fernando@bastilhocoelho.com.br