Data Protection Monitor
Global Privacy & Data Protection Intelligence

Brazil (BR) · Module Detail

Brazil: Lawful Processing & Special Data

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Legal basis and sensitive-data regimes are well-settled statutory provisions with several years of ANPD/court interpretation.

Primary frameworkLGPD Arts. 7–13
Traffic-light rationale — GreenLegal basis and sensitive-data regimes are well-settled statutory provisions with several years of ANPD/court interpretation.

Sub-modules (4)

Lawful BasesGreen

Ten legal bases exist for general personal data, including consent and legitimate interest; a distinct 'protection of credit' basis (Art. 7 X) is unique to Brazil and important for financial/credit-bureau processing.

Claims (2):

  • The LGPD restricts processing of personal data to enumerated legal bases in Article 7, similar to GDPR Article 6, including consent and legitimate interest.
  • A distinctive 'protection of credit' legal basis (Art. 7 X) allows financial institutions and credit bureaus to process personal data for credit risk analysis and credit-history consultation.

Special CategoriesGreen

Sensitive personal data (Art. 5 II) includes racial/ethnic origin, religion, political opinion, union/religious/philosophical organisation membership, health, sex life, and genetic or biometric data; processing is restricted to the enumerated grounds of Article 11.

Claims (2):

  • Sensitive personal data includes racial/ethnic origin, religious belief, political opinion, union/religious/philosophical organisation membership, health or sex life, and genetic or biometric data.
  • Processing of sensitive personal data is restricted to the situations enumerated in Article 11, including specific/distinct consent or, without consent, compliance with a legal obligation, public-policy execution, research (with anonymisation where possible), exercise of rights, life/safety protection, health protection, or fraud prevention.

Pseudonymisation And AnonymisationAmber

Anonymised data (using reasonable technical/cost means at the time of processing) falls outside LGPD scope, except where the anonymisation is reversible or the data is used to build an identified individual's behavioral profile.

Claims (1):

  • Anonymised data can be treated as personal data under the LGPD when it is used to formulate a behavioural profile of a particular natural person who is identified.
Category narrative70 words

The LGPD provides ten enumerated legal bases (Art. 7 and 11), including consent, legitimate interest, contract necessity and a distinctive 'protection of credit' basis. Sensitive/special-category data (racial/ethnic origin, religion, political opinion, union membership, health, sex life, genetic and biometric data) is subject to a stricter, separately enumerated set of bases under Article 11. Anonymisation and pseudonymisation are defined but ANPD has flagged that re-identifiable/behavioral-profiling data can fall back within scope.

Sources and claims (6)
  1. ConfirmedIAPP — The LGPD restricts processing of personal data to enumerated legal bases in Article 7, similar to GDPR Article 6, including consent and legitimate interest.observed
  2. ConfirmedOneTrust DataGuidance — A distinctive 'protection of credit' legal basis (Art. 7 X) allows financial institutions and credit bureaus to process personal data for credit risk analysis and credit-history consultation.observed
  3. ConfirmedIAPP — Consent must be given for particular purposes and the burden of proof is on the controller to demonstrate valid consent; consent may be revoked at any time free of charge.observed
  4. ConfirmedIAPP — Sensitive personal data includes racial/ethnic origin, religious belief, political opinion, union/religious/philosophical organisation membership, health or sex life, and genetic or biometric data.observed
  5. ConfirmedIAPP — Processing of sensitive personal data is restricted to the situations enumerated in Article 11, including specific/distinct consent or, without consent, compliance with a legal obligation, public-policy execution, research (with anonymisation where possible), exercise of rights, life/safety protection, health protection, or fraud prevention.observed
  6. ProbableOneTrust DataGuidance — Anonymised data can be treated as personal data under the LGPD when it is used to formulate a behavioural profile of a particular natural person who is identified.observed