Public Consultation on the Legitimate Interest as Lawful Ground to Process Personal Data

On August 16 (Wednesday), the Brazilian Data Protection Authority (ANPD) opened a public consultation to receive comments on the preliminary study regarding the legitimate interest. This legal hypothesis allows the processing of personal data in multiple circumstances. It is one of the most used lawful grounds to process personal data under
the Brazilian Data Protection Act, the LGPD (article 7, item IX of the LGPD).

The LGPD lacks a more comprehensive guideline for interpreting such lawful ground to process personal data, and this study proposes guidelines concerning the legitimate interest’s use. It provides for a “balancing test model”, which allows organizations to assess proportionality based on the context and specific circumstances of data processing based on the impacts and risks to the rights and freedoms of data subjects.

The preliminary study will be available for comments by any interested party until September 15, 2023, through the “Participa Mais Brasil” platform.

Campos Thomaz & Meirelles Advogados has Data Protection and Public Policy practices, being capable of advising clients and associations in commenting public consultations conducted by the ANPD.

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