Lei Geral de Protecao de Dados (LGPD)-Part 2

In continuation to the previous article where we reviewed features of Brazil’s privacy law, let us review the remaining key provisions-

  1. Consent, free access to data and legitimate interest for processing personal data are the important principles as provided for in Articles 8, 9 and 10 of the Act. These three principles also form the foundation of the GDPR and these three principles seem to have been incorporated in the LGPD.
  1. The LGPD provides for sensitive personal data which has been defined as “personal data concerning racial or ethnic origin, religious belief, political opinion, trade union or religious, philosophical or political organization membership, data concerning health or sex life, genetic or biometric data, when related to a natural person”.

Sensitive personal data can be processed largely in the following situations:

-When the data subject or their legal representative consents to his/her sensitive data being processed.

– In absence of consent, for law and order purposes

– Research purposes

– Protection of life or physical safety

– Protection of health

  1. Section III Article 14 provides for the processing of children and adolescents’ personal data. The processing shall be done after taking consent from the legal representative of the child. The type of data collected and its uses shall be made public.
  1. Personal data shall be deleted when 

– Its purpose for processing has been achieved or 

-The data is no longer necessary or

– The processing period has ended

– The data data subject has revoked consent

  1. The LGPD provides a range of rights to the data subjects some of which are as follows:

– Access to data

– Correction of data

– Anonymisation

– Portability of data

– Deletion of personal data

– Revocation of consent among many others

  1. Among other key provisions, the LGPD provides for good governance practices, the appointment of a data protection officer and the creation of two government agencies namely The National Data Protection Authority and the National Council for Protection of Personal Data and Privacy. 


All the above provisions are not exhaustive in nature. We have tried to give a brief overview of the LGPD in order to understand the essence of it. Privacy being recognised as an essential right of human beings has led to the creation of laws and regulations across the globe protecting this very fundamental right. 

Moreover, data is considered as the new oil and its protection and security are now considered foremost by many governments. 

The enactment of the LGPD is a positive step towards protection of privacy in a country which in the past had been racked by corruption. But only its strict implementation will give teeth to the law.