Data protection and regulatory action

an analysis of the role of the national data protection authority in the best interests of children and adolescents

Abstract

Given that the consequences of the exposure of children and adolescents on the web have come about much faster than the regulations on the subject, and that the General Data Protection Law (LGPD) has some gaps and limitations in its provisions, giving rise to various interpretations, the aim of this paper is to understand how the National Data Protection Authority (ANPD) has positioned itself with regard to the processing of personal data of children and adolescents, especially with regard to their best interests. To this end, using the hypothetical-deductive approach method, the monographic procedure method and documentary, bibliographic and case study research, the investigation focuses on the movement to regulate the processing of personal data for the comprehensive protection of children and adolescents based on Brazilian regulations and the position of the ANPD. In this context, the question arises: how has the ANPD contributed to regulating the processing of personal data of children and adolescents on digital platforms? In conclusion, it can be seen that the Authority ratifies the consent of parents and/or guardians as the legal basis for processing the personal data of children and adolescents, but without limiting this hypothesis as the only possible one, as well as proposing a risk-oriented regulation, based on an analysis of the risks and impacts of the activities of data controllers on the lives of children and adolescents, in order to adopt preventive measures with regard to the processing of their personal data.