The National Data Protection Authority (ANPD) publishes on this date, 0 3 .05.2022, the technical study “ The LGPD and the processing of personal data for academic purposes and for carrying out studies by research body ”.
The document was prepared with the aim of addressing and presenting answers to the main questions on the subject received by the ANPD in recent months.
It seeks, in particular, to establish parameters that can help and guide both teaching and research institutions that process personal data and entities and public bodies responsible for analyzing access requests and making personal data available for scientific research purposes.
The study begins with the presentation of the general contours of the special legal regime established by the LGPD for the processing of personal data for academic purposes and for carrying out studies and research. Next, art. 4º, II, b, according to which the LGPD does not apply to the treatment carried out “for exclusively academic purposes, applying to this hypothesis the arts . 7 and 11 of this Law”. In the final part, the concept of the research body and the legal bases are provided for in arts. 7th, IV, and 11th, II, c, of the LGPD, including practical aspects on the instruction of processes for providing access or sharing of personal data for research purposes.
It should be noted that the current version is published in a “ text for discussion ” format, to promote public debate and collect contributions from society. With this initiative, the ANPD seeks to expand the mechanisms for debate with society and establish a qualified discussion based on a preliminary study.
In this way, it is intended to obtain subsidies for future decision-making by the ANPD, through the establishment of more conclusive interpretations and guidelines. Therefore, the analysis presented in the document does not necessarily represent the final opinion of the ANPD on the subject.
Source; https://www.gov.br/anpd/pt-br/assuntos/noticias/anpd-publica-estudo-tecnico-a-lgpd-e-o-tratamento-de-dados-pessoais-para-fins-academicos-e-para-a-realizacao-de-estudos-por-orgao-de-pesquisa
