BRAZIL Trends and Developments Contributed by: Ana Paula Bialer, Bialer Falsetti Associados
differ from best practices adopted in other juris - dictions. This year, we can expect enforcement activities related to data subjects’ rights in different areas, as well as some related to the secondary use of personal data for the delivery of targeted commercial advertising, especially through profiling techniques. • Protection of children and adolescents in the digital environment to verify how processors will comply with the requirements of the ECA Digital: in 2026, this will involve inspection activities aimed at verify - ing the legality of the processing of personal data of these subjects and proposing safeguards to controllers within the scope of inspection activities (such as age verification mechanisms). In 2027, the enforcement activities are expected to expand to include considerations around configuration, by design and by default, of the most protective mod - el available in relation to privacy and personal data protection, including parental supervision tools. A number of now-established industry practices may have to be reviewed to comply with the new standards. Enforcement activities will also look at the adoption of measures to prevent children and adolescents from accessing inappropriate, unsuit - able, or legally prohibited content, including age verification mechanisms. • Processing of personal data by the government: the ANPD will focus on promoting and disseminat - ing greater compliance with the LGPD, especially regarding the sharing of personal data, the adop - tion of technical safeguards in the management and governance of processed data, and the use of biometric data. Considering that governments are often the largest processors of personal data, clear parameters are central to ensuring compliance with the data protection laws and constitutional princi - ples around fundamental rights, in a much broader sense than the privacy discussion per se. While there is an international trend towards optimising the sharing of data and the use of data for the pur - pose of generating value and better public policies, the privacy concerns that such sharing, especially of personal data can raise from a privacy perspec - tive cannot be overstated. • AI and emerging technologies in the context of personal data processing has also been identified as a priority for the ANPD. In addition to the scope
of automated decision-making parameters, in the context of training and use of AI systems, the fol - lowing will also be reviewed: (i) rights of data sub - jects; (ii) principles of the LGPD; (iii) legal hypoth - eses; and (iv) good practices and governance. AI AI has increasingly caught the attention of data pro - tection regulators due to its intersection with personal data, even though so much of AI does not involve any personal data. While the ANPD has already estab - lished specific proceedings to address the use of per - sonal data in AI training, its legal authority in the AI field is currently limited to the revision of automated decisions or the use of personal data, as that is spe - cifically provided for in the LGPD. However, there are advanced legislative initiatives to expand the ANPD’s legal authority, including it becom - ing the central co-ordinating body for AI regulation in Brazil. International experience shows that this is not a one-size-fits-all discussion and different institu - tional arrangements are possible, none of which being the best or the right one. The challenge is to ensure that regulation around AI and data protection do not merge into a single approach as that could hinder the development of AI, and, consequently, the social and economic benefits it can bring. Data, Competition and Digital Markets The central role that data plays in the organisation of the economy cannot be overstated and has led to an overlap of important discussions around the role of data, the structure of markets and the power that companies operating in this area have. As with regulation, the discussions around the need for a Digital Market Act and a Digital Services Act will continue to be a part of the conversation around preparing digital public policies aimed at addressing a new momentum and organisation of the economy and society. Competition authorities will continue to move closer to the data universe, prompting reflec - tions around the role of data from a more structur - al perspective, rather than from an individual rights approach. Legislative initiatives are less likely to advance in 2026 considering the presidential election
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