EFF to Brazil’s ANPD: Data Privacy and Free Expression Must Underpin Platform Regulations

According to the EFF, the Brazilian National Data Protection Agency (ANPD) plays a pivotal role in the regulation of digital platforms according to new legislation approved in Brazil.[1] The EFF says that throughout this year it has presented comments, filed submissions, and met with the agency[1]. In the EFF's account, the law bans advertising based on profiling of underage users, and it also created mandatory age assurance mechanisms for accessing digital products and services.[1]The EFF says it urged the ANPD to "avoid a blanket approach to age assurance obligations."[1] The group also argued that "zero knowledge proofs alone fail to ensure strong user privacy."[1]The EFF says it raised concerns about a trend in the new regulation requiring platforms to proactively report users to authorities with unclear guarantees.[1] The group also says it warned the agency that its reading of prevention duties "should not result in general monitoring obligations."[1] It also stressed treating smaller players differently, such as "federated networks and free software applications."[1] It adds that a Supreme Court decision and presidential decrees changed the liability regime initially set in the "Marco Civil"[1] law.VeraSafe reports that the ANPD has begun monitoring whether app stores and operating-system providers comply with age assurance requirements[2].