Legitimate Interests under the Brazilian General Data Protection Law: General Framework and Concrete Examples

Seeking to help strengthen a data protection culture through the production of qualified knowledge, Data Privacy Brasil Research Association produced the policy paper “Legitimate interests under LGPD: general framework and concrete examples”. Originally published in Portuguese, the translation to English was made possible by the support of the Future of Privacy Forum, who also co-organized tha launching webinar.

The document explores the origin of this lawful basis in the Brazilian General Data Protection Law, providing practical examples of its use and establishing a ”thermometer” – an artifice to indicate which phases of the legitimate interest assessment (LIA) tend to be most critical in different sectors.

It may sound theoretical, but it is necessary to be attentive to the uses of legitimate interests in several areas. The legal concept, imported from Europe, is a novelty in Brazilian lands. On the controller’s side – the agent that makes use of the data and which can be a company, a public agency, or any other entity – it is necessary to understand which lawful basis is best suited to the use and purpose of the data processing. On the side of the data subject and regulatory entities, care must be taken so that the lawful basis does not become a sort of “blank check”, something that organizations or entities would rely on to exclusively serve their interests.

Comprising 12 findings and recommendations, as well as practical examples in ten different sectors, “Legitimate interests under LGPD: general framework and concrete examples ” seeks to add to the vibrant debate and production of LGPD content that has been going on in the country in the last few years. The document is aimed at decision makers at all levels, including regulatory bodies, in addition to data processing agents, data subjects and representative entities for the defense of their rights, and also students and researchers that seek to deepen their knowledge of the subject.

You can access the full report here.