Moreover, data controllers have some additional obligations when processing
children’s and teenagers’ personal data, such as: (1) keeping public information on
the type of data collected, the form of their use and the procedures applied (Article
14, §4th); (2) making all reasonable efforts to verify if the consent has actually been
given by the guardian of the child (Article 14, §5th); and (3) adapting information on
data processing so its adequate to children’s understanding (Article 14, §6th). Lastly,
Article 14 prohibits data controllers to condition the participation of children in
games, internet applications or other activities to provision of personal information
besides the ones strictly necessary.
3.3 Right to Erase Personal Data (vs “Right to Be
Forgotten”)
The Brazilian Personal Data Protection Law does not use the expression “right to be
forgotten”, but does provide for some specific rules regarding the erasure of personal
data after the end of its processing. Such right may be exercised when the personal
data is no longer necessary or relevant to the achievement of its specific purpose
(article 15, item I) or when the consent is revoked by the holder (article 15, item III).
These cases, strictly speaking, do not constitute what has been understood as “right
to be forgotten”. The so-called “right to be forgotten” should be considered as the
right of each human person to stand against oppressive public remembering of
certain facts that prevent them from fully developing their personal identity by
emphasising to society aspects of their personality that no longer reflect reality.
5
Such right may be exercised, for example, by people who have transitioned from
their biological sex and do not want such biological sex to be publicly remembered
by newspapers or TV shows. Similarly, former prisoners and former victims of
brutal crimes may exercise their right to be forgotten in order to avoid the oppressive
public association of their names to the crimes committed, if the remembering of
such facts is presenting such people in a way that no longer reflects reality. As occurs
in other parts of the world, the right to be forgotten is considered a very subtle and
controversial subject in Brazil, which is currently awaiting ruling by the Brazilian
Supreme Court.
3.4 Security Obligations and Data Breach Notifications
Concerning Data Processed
The Brazilian Personal Data Protection Law provides that the data holder must be
informed of any security incident that may cause relevant risk or damage to personal
5 Schreiber (2017), pp. 70–71.
50
A. Schreiber
children’s and teenagers’ personal data, such as: (1) keeping public information on
the type of data collected, the form of their use and the procedures applied (Article
14, §4th); (2) making all reasonable efforts to verify if the consent has actually been
given by the guardian of the child (Article 14, §5th); and (3) adapting information on
data processing so its adequate to children’s understanding (Article 14, §6th). Lastly,
Article 14 prohibits data controllers to condition the participation of children in
games, internet applications or other activities to provision of personal information
besides the ones strictly necessary.
3.3 Right to Erase Personal Data (vs “Right to Be
Forgotten”)
The Brazilian Personal Data Protection Law does not use the expression “right to be
forgotten”, but does provide for some specific rules regarding the erasure of personal
data after the end of its processing. Such right may be exercised when the personal
data is no longer necessary or relevant to the achievement of its specific purpose
(article 15, item I) or when the consent is revoked by the holder (article 15, item III).
These cases, strictly speaking, do not constitute what has been understood as “right
to be forgotten”. The so-called “right to be forgotten” should be considered as the
right of each human person to stand against oppressive public remembering of
certain facts that prevent them from fully developing their personal identity by
emphasising to society aspects of their personality that no longer reflect reality.
5
Such right may be exercised, for example, by people who have transitioned from
their biological sex and do not want such biological sex to be publicly remembered
by newspapers or TV shows. Similarly, former prisoners and former victims of
brutal crimes may exercise their right to be forgotten in order to avoid the oppressive
public association of their names to the crimes committed, if the remembering of
such facts is presenting such people in a way that no longer reflects reality. As occurs
in other parts of the world, the right to be forgotten is considered a very subtle and
controversial subject in Brazil, which is currently awaiting ruling by the Brazilian
Supreme Court.
3.4 Security Obligations and Data Breach Notifications
Concerning Data Processed
The Brazilian Personal Data Protection Law provides that the data holder must be
informed of any security incident that may cause relevant risk or damage to personal
5 Schreiber (2017), pp. 70–71.
50
A. Schreiber