The ANPD has taken a position on the treatment of deceased persons’ data through a Technical Note published on March 17, 2023.

After being questioned by the Federal Highway Police (PRF) about the possibility of creating a Memorial on the PRF Web Portal to honor deceased servants, the authority clarified that LGPD does not apply to the treatment of dead person’s data.

According to the ANPD statement, the existence of the natural person ends with his/her death, under the terms of Article 6 of the Brazilian Civil Code. Therefore, one can assumed that the LGPD deals only with data of living natural persons.

The ANPD justified its position by also citing that other legal norms already protect the rights of deceased persons, such as personality and inheritance rights governed by the Civil Code.

To access the complete Technical Note, click HERE

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