BRAZIL Law and Practice Contributed by: Japyassú Resende Lima and Fabiana Lopes Pinto Santello, Lopes Pinto, Nagasse Advogados
fundamental rights, especially regarding the pro - cessing of sensitive personal data. For 2025, the big challenge is to ensure that AI systems, including legal and operational sys - tems based on it, are aligned with the General Data Protection Law, ensuring that personal data, isolated or in an information model, is han- dled safely and responsibly. The regulation of AI is a very important step, but with it some issues need to be properly addressed. Subjects such as cognitive biomet - rics have been gaining more and more space, and great advances in wearable technology allow consumer devices, including brain-com - puter interfaces, fitness wearables, and extend - ed reality headsets, to process and transmit data about human mental states and conditions – cognitive, emotional, affective and conative. All of this raises legitimate concerns about the misuse of sensitive data and the risks associ - ated with exposing deeply intimate elements. As a result, organisations can exploit this data for commercial purposes and governments can use it in mass surveillance practices, which would violate fundamental rights and guarantees and compromise privacy. With AI and the protection of related personal data, new concepts emerge, such as the so- called “intimate data”, or “psychorights”, directly related to the most sensitive and vulnerable parts of human identity, with direct effects on things such as productivity and cognitive enhance - ment, usually aimed at economic interests. And not only that: regulators around the world are concerned with the “targeted processing” of personal data from AI systems, that is, a digital interruption of personal identity, privacy, cog - nitive freedom, and mental integrity, from col -
lected data, for the purpose of “programming” or “reprogramming” conducts and behaviours, in some cases for political and commercial pur - poses, affecting the privacy of individuals.
2. Privacy Litigation 2.1 General Overview
Privacy litigation was not, in Brazil’s recent past, a trend, at least not consistently. But with the Civil Rights Framework for the Internet and the General Data Protection Law, or LPGD, the num - ber of these disputes has increased. Some themes were more recurrent in these liti - gations: • consumer groups and digital rights organisa - tions filed class actions against companies for data leaks and misuse of personal infor - mation, seeking redress and changes in treat - ment practices; • the increased use of facial recognition tech - nologies and biometric data collection has given rise to lawsuits questioning the legality and ethics of these practices; • the issue of the transfer of personal data out - side Brazil, especially to countries without an adequate level of protection, has generated litigation around compliance with the LGPD; and • legal disputes over the collection of personal data by messaging apps and social networks, including issues about consent, authorisation, and transparency, were also noted. The protection of the personal data of minors has become a relevant topic, with litigation over the responsibility of platforms in the protection of this data and the privacy of children and ado - lescents.
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