Public Consultation on Processing of Biometric Data and Study on Neurotechnologies

On June 2, the National Data Protection Authority (ANPD) opened a Public Consultation on Processing of Biometric Data. This initiative aims to gather contributions from society – through guiding questions – to support the drafting of regulations concerning biometric data.

ANPD’s set of questions seeks to address biometric data from multiple perspectives. These include, for example, questions on the objective criteria that must be met for data to be considered biometric, and the parameters needed to ensure respect for data subjects’ informational self-determination in contexts of large-scale biometric data processing – such as smart city initiatives and the monitoring of large crowds in stadiums and public spaces.

The Public Consultation will be available on the “Participa Mais Brasil” platform (https://www.gov.br/participamaisbrasil/ts-dados-biometricos) until July 2, 2025.

Additionally, on June 9, the ANPD published the 4th volume of its “Radar Tecnológico” series (a publication series on emerging technologies) on the topic of “Neurotechnologies.”

This volume offers reflections on the concepts of “neurotechnologies” and “neural data”, explores the applications and potential uses of neurotechnologies, and analyzes these technologies in light of both Brazilian and foreign data protection laws. The ANPD’s debate on neurotechnologies also echoes international discussions on the topic, as analyzed in the article by CGM Advogados published by the International Bar Association – click here to read the article.

For further information, please contact the heads of the Privacy and Data Protection team, Adriano Chaves and Marcia Issler Mandelbaum.

This bulletin is for information purposes only and should not be relied upon for legal advice on any of the topics covered here. For further information, please contact the leaders of the Privacy and Data Protection Team. CGM Advogados. All rights reserved.