Children and teenagers are increasingly recognized as an important segment of consumers. It is common for children and teenagers to have access to goods and services from an early age, especially with the popularization of the Internet. Minors access websites, purchase products online, and use various services, all of which involve the collection and processing of personal data. This is an expanding and highly relevant market.
Concern about the processing of personal data of children and teenagers has significantly increased with the General Data Protection Law (Law No. 13.709/2018). The legislation addresses this issue in a specific chapter, providing legal support for the processing of personal information of those under 18 years of age.
To identify their consumers and offer increasingly personalized services, the collection of personal data is essential. Firstly, data collection is necessary to enable the provision of online services. Additionally, capturing additional information allows for the creation of specific behavioral profiles for children and teenagers. When it comes to children and teenagers, specific and prominent consent given by at least one parent or legal representative is required, as stipulated by law.
According to the LGPD, it is crucial that all information about the collection, processing, and disposal of personal data is clearly and accessibly communicated before the process begins. This transparency is especially important, considering the audience is in the developmental stage of their personality.
The digital environment can be dangerous for children and teenagers, as it is susceptible to scams, fraud, and theft of personal and financial data, potentially causing significant financial harm. Current legislation addresses the growing need for digital education, clarifying the risks involved in online activities.
Despite the clear legal obligations established by Article 14 of the LGPD, the National Data Protection Authority (ANPD) has recently also called upon civil society to participate in the Public Consultation, addressing the issue from the perspective of children and teenagers.
The participation of stakeholders is crucial for the ANPD to obtain detailed information before preparing the regulatory project concerning this group of data subjects. The consultation is available for 30 days from June 18, 2024, and may be extended, through the Participa+ Brazil Platform.
Given that the personality of minors is still developing, and personal data is considered an extension of their physical presence, it is natural for the regulator to focus efforts on regulating legislation through this regulatory project. The topic is vast and affects a significant portion of Brazilian society, which is why the Public Consultation does not exhaust the subject. It will need to be revisited at different times to expand its scope, being a cross-cutting theme in all actions of the ANPD.
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Author: Daniel Eustáquio Ramos Marinho, Lígia Ferreira Marcondes Rocha and Cesar Peduti Filho, Peduti Advogados.
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”
