DATA PROTECTION
Brazilian ANPD: Preliminary Study on the concept of legitimate interest.
While waiting for the Guidelines on Legitimate Interest that the European Data Protection Board has indicated in its agenda of work for 2023/2024 (remaining valid in any case the Opinion 6/2014 on the concept of legitimate interest at that time enacted by the so called Art. 29 Working Party), the Brazilian Data Protection Supervisor (the ANPD) has put in public consultation the Preliminary Study on Legitimate Interest, a document of relevant interest.
As is well known, Brazil's General Data Protection Law (Lei 13.709/2018 - LGPD) is one of the most similar data protection regulatory platforms to the GDPR. The Preliminary Study is also entirely readable in light of the GDPR and the corresponding concept of legitimate interest, and very usefully clarifies (and with effective examples) under what circumstances this legitimacy basis for processing personal data can be used. Indeed, one of the objectives stated by the Brazilian Supervisor in the Preliminary Study is to clarify when to make use of the legitimate interest of the owner or the third party, an operation that is not always simple, not least because of distorted interpretations (also widespread in Europe).
As is well known, Brazil's General Data Protection Law (Lei 13.709/2018 - LGPD) is one of the most similar data protection regulatory platforms to the GDPR. The Preliminary Study is also entirely readable in light of the GDPR and the corresponding concept of legitimate interest, and very usefully clarifies (and with effective examples) under what circumstances this legitimacy basis for processing personal data can be used. Indeed, one of the objectives stated by the Brazilian Supervisor in the Preliminary Study is to clarify when to make use of the legitimate interest of the owner or the third party, an operation that is not always simple, not least because of distorted interpretations (also widespread in Europe).
