backThe Brazilian Data Protection Authority (ANPD) has published Technical Note No. 12/2025, consolidating contributions received during its Public Call for Input on artificial intelligence (AI) and personal data protection. The initiative gathered insights from legal professionals, private sector entities, academia, and civil society on how best to align the General Data Protection Law (LGPD) with the growing use of automated decision-making systems. The analysis was structured around 15 questions, grouped into five thematic blocks: LGPD principles, legal bases, data subject rights, good governance practices, and regulatory guidelines.
Key discussions revolved around the principle of necessity in AI training processes that often require massive datasets. While there was consensus on the need for safeguards — such as anonymization, privacy by design, and impact assessments — opinions diverged on whether certain protective measures should be mandatory and on the legal grounds for processing sensitive data. The report also highlighted the challenge of ensuring transparency and upholding data subject rights without hindering technological development, especially in the context of general-purpose AI systems and the complex allocation of responsibilities between developers and deployers.
The Technical Note provides important guidance on the direction the ANPD may take in the future. While it does not yet establish definitive rules, the document offers valuable insights on interpreting LGPD principles in the context of artificial intelligence, emphasizing the need to balance technological innovation with the protection of individual rights. It also highlights the importance of clear governance structures, transparency measures, and risk assessments in projects involving AI technologies. Technical and Guiding Documents – ANPD
share
