Children protection in the Brazilian General Data Protection Law

interpretive challenges

Abstract

The Brazilian General Data Protection Law, since its enactment, has been the object of several doctrinal discussions about some of its provisions. With regard to the necessity of children's special protection in its article 14, it is clear that there are still interpretative doubts and regulatory gaps that, given the massive processing of personal data, can be harmful to the best interest of the child. This paper seeks to discuss four points that are still obscure in the Law about the theme, namely, the normative referring to consent; the legal bases applicable to the processing of children's data; the need to prepare the Data Protection Impact Report as an instrument to protect children's data and privacy; and the debate about the implementation of the rule contained in art. 14, §4, of the Law.