ANPD opens public consultation on Preliminary Study on Legitimate Interest

ANPD opens public consultation on Preliminary Study on Legitimate Interest

On August 16, the National Data Protection Authority (ANPD) released a new open consultation to society, this time on its “Preliminary Study on Legitimate Interest”. The study refers to the legal hypothesis provided for in Article 7, IX of the General Personal Data Protection Law (LGPD).

Art. 7, IX of the LGPD stipulates the possibility of processing personal data, which provides for the possibility of processing personal data “when necessary to meet the legitimate interests of the controller or a third party, except where the fundamental rights and freedoms of the data subject that require the protection of personal data prevail”. This provision is complemented by Art. 10, which sets out the specifics of this hypothesis, including an exemplary list of purposes and compliance with the principle of necessity and transparency.

However, the ANPD considers that the interpretation of these provisions may be a source of disagreement between academics, professionals in the field and representatives of society, which could create a situation of legal uncertainty for processing agents, due to the lack of definition of which situations authorize the processing of personal data based on the hypothesis of Arts. 7, IX and 10.

In this sense, the preliminary text published by the authority aims to clarify relevant points for the application of the legitimate interest of controllers and third parties, including within the scope of public authorities. To this end, it provides guidance on the interpretation and application of this legal hypothesis, presenting the definitions of the institutes that surround it, as well as parameters for interpretation. It also includes a model balancing test, divided into the following phases: i) purpose; ii) need; and iii) balancing and safeguards.

The consultation is available exclusively on the Participa + Brasil platform until September 15, and all contributions made are available for consultation, upon login.

The public consultation can be accessed via the link: https://www.gov.br/participamaisbrasil/consulta-a-sociedade-de-estudo-preliminar-sobre-legitimo-interesse-1

Link to access the ANPD Preliminary Study: https://www.gov.br/participamaisbrasil/consulta-a-sociedade-de-estudo-preliminar-sobre-legitimo-interesse-1#dflip-df_manual/1/

Note: For quick release and cost control, this English version is provided by automated translation without human review.