Brazilian ANPD: technical note requesting improvements in the processing of children's and teenager’s data

published on 27 September 2023| reading time approx. 3 minutes

The National Data Protection Agency (ANPD) has issued a technical note (Technical Note No. 6/2023/CGF/ANPD) requesting improvements in the processing of children's and teenager's data on one of the largest social networks in the world today, which has up to 75 million active users in Brazil, according to research carried out by Data Reportal in 2022. 

The document, which is the result of an inspection carried out by the agency's General Inspection Coordination, identified a series of points of concern on the platform, such as the possibility of access by minors, excessive data collection and a lack of transparency in data processing.

The technical note requires that the Social Network implement measures to strengthen the platform's security, such as implementing more robust authentication mechanisms and adopting more effective content moderation tools. The agency also request that the company reduce the collection of data from children and adolescents, collecting only the data that is strictly necessary for the provision of services. In addition, the technical note demands that the Company provide users with more information about the processing of their data, in a clear and accessible way.

In addition, the ANPD emphasizes that the company is a popular platform among children and teenagers, and that the inappropriate processing of personal data of this age group can generate significant risks, such as exposure to inappropriate content, cyberbullying and discrimination in various ways.

Impact on the Brazilian market 

The Brazilian technology market is one of the fastest growing in the world and the social media is one of the most popular platforms in the country. The ANPD's technical note could lead to greater awareness of the importance of protecting the personal data of children and adolescents, which could have an impact on the behavior of consumers and companies.

Brazilian companies operating in the technology and social media sector should be prepared to implement the ANPD's conditions. The measures ordered by the agency may require significant investment, but they are necessary to ensure compliance with the LGPD and avoid penalties.

ANPD requirements for the Company 

1. Strengthen the platform's security;
2. Implement more robust authentication mechanisms, such as two-step verification;
3. Adopt more effective content moderation tools, capable of identifying and removing inappropriate or harmful content;
4. Reduce data collection;
   
5. Collect only the data that is strictly necessary for the provision of services;
6. Obtain the express consent of parents or guardians for the collection of sensitive data;
7. Provide more information to users;
8. Provide clear and accessible information on the processing of personal data;
9. Allow users to exercise their rights as data subjects, such as access, correction, and deletion of data.

The ANPD has given the Company 60 days to implement the requirements in the technical note. If the company fails to comply with the provisions, the agency could adopt administrative measures, such as fines and penalties that, in the case of monetary sanctions, could reach up to approximately Euro 9,500,000 (nine million five hundred thousand Euro).​