Newsletter (#003/2025) on Privacy and Data Protection by Campos Thomaz Advogados
Alerts, materials, and updates on Privacy, Data Protection, and Cybersecurity.
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Online Safety Act: New Child Protection Requirements Coming into Force
Organizations covered by the Online Safety Act must conduct an assessment by April 16, 2025, to determine whether their services are accessible to children. If so, they will be subject to child protection duties, requiring risk assessments and safeguards to prevent those under 18 from accessing inappropriate content. These guidelines mark a significant step in the UK’s online safety regulation. Learn more.
ANPD concludes audit of pharmacy chains and imposes adjustments for compliance with LGPD
The Brazilian Data Protection Authority (ANPD) concluded its audit on processing personal data by pharmacy chains and loyalty programs, imposing corrective measures on RaiaDrogasil and Febrafar. RaiaDrogasil must offer an alternative to biometric identification for its Univers Program, facilitate customer access to information about data retention, and clarify the use of sensitive data for profiling and advertising purposes. Furthermore, it will face an Administrative Sanctioning Process to investigate possible violations of the LGPD. Febrafar, on the other hand, will need to review its legal basis for data processing, update privacy information on its website, and ensure that its associates make it easier for data subjects to access their rights.
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ANPD Decision Suspends Financial Compensation Through Iris Scanning in Digital Identity Project
The Board of Directors of the National Data Protection Authority (ANPD) denied the administrative appeal filed by Tools For Humanity (TFH), the company behind the World ID project, maintaining the suspension of financial compensation (in cryptocurrency or any other format) for digital identities created through iris scanning in Brazil. TFH had requested an additional 45-day period to adjust the app and halt the financial compensation offer, but the request was denied. The Board concluded that the suspension could be implemented by other means, such as postponing appointments until the necessary changes are made.
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ANPD’s Oversight on Facial Recognition in Sports Stadiums – See our article
The recent decision by the National Data Protection Authority (ANPD) to initiate oversight processes regarding the use of facial recognition by 23 football clubs raises concerns. Biometric identification is crucial in maintaining security in stadiums and ensuring the pacification of sports, a long-standing societal issue. Despite being widely debated, this topic has been called into question merely due to an abstract and potential risk to the privacy of the individuals involved. In this article, we address some key aspects of this issue.
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ANPD and CNIL Strengthen International Cooperation on Data Protection and Artificial Intelligence
During the AI Action Summit in Paris, ANPD and CNIL met to enhance cooperation on data protection, artificial intelligence, and digital education. The meeting focused on exchanging experiences on regulatory sandboxes, each institution’s approach to artificial intelligence, and international negotiations on adequacy decisions, specifically regarding Brazil, the European Union, and the United Kingdom. The partnership also included educational projects on data protection and translating an informative manga on the topic into Portuguese.
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ANPD Updates Regulatory Agenda Report
On 17/02/2025, the Brazilian Data Protection Authority (ANPD) updated the 2023-2024 Regulatory Agenda Monitoring Report for the second half of 2024. This reinforces its commitment to transparency and allows the public to track ongoing regulatory initiatives. Learn more.
Secretly Recorded Evidence and the Right to Justice
Brazil’s Superior Court of Justice (STJ) ruled that clandestine environmental recordings may be considered valid evidence when the protected right outweighs the offender’s privacy. In a case involving the alleged rape of a vulnerable person, the defense argued that the recording was unlawful under Law 9.296/1996 because it was made without the knowledge of the police or prosecution. However, the court determined that given the severity of the crime and the lack of alternative means to prove it, the recording was admissible.
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Evidence Nullified: Court Requires Court Order for Surveillance Cameras
Brazil’s Superior Court of Justice (STJ) ruled that evidence obtained through surveillance cameras installed in public areas without a court order is invalid. Justice Daniela Teixeira annulled evidence against a drug trafficking suspect in Palhoça (SC) after the defense argued a breach of the chain of custody. Police had placed a camera facing the suspect’s residence but refused to submit it for forensic analysis, claiming the footage had been overwritten.
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ANPD Denies World Bank LGPD Adequacy Request
The ANPD denied the Ministry of Social Development’s request to certify the World Bank’s adequacy to the LGPD for international data transfers under Bolsa Família. The authority cited the complexity of the process and its ongoing assessments with the EU and UK as priorities.
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LGPD Infographic
Access the LGPD infographic prepared by our firm. Access here
Explore our series of content on privacy, data protection, and cybersecurity.
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Produced by Alan Campos Thomaz and João Marcelo de Oliveira
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