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The acronym for General Personal Data Law . But what is personal data? The law itself responds that personal data is information related to an identified or identifiable natural person. This definition, however, is not sufficient. In addition to knowing what is personal data, we also need to know what is not personal data and even what it can be, depending on the context. Therefore, in this article we will see in detail: What is personal data for the LGPD Which is definitely not personal data Data that may be considered personal depending on the context The false dichotomy between what is personal data and what is anonymized data Let's start by better understanding what personal data is under Law .
What is personal data for the LGPD The formal definition of personal data can be found in art. 5th, item I, of the LGPD, which India Email List provides: Art. 5 For the purposes of this Law, it is considered: I – personal data: information related to an identified or identifiable natural person; The words identified and identifiable refer, respectively, to what the doctrine calls the reductionist concept and the expansionist concept. Reductionist concept: refers to an identified person, a specific and determined person, directly and immediately linked to personal data. A classic example is the CPF, whose number is directly linked to a specific person in Brazil.
Expansionist concept: refers to an identifiable, undetermined person, who has only an indirect and imprecise link with the personal data. An example is the history of websites that someone has visited, which can lead to the identification of the person, but with a certain degree of inaccuracy. Therefore, for the LGPD, knowing what personal data is is not limited to knowing the most obvious data, such as full name, CPF and affiliation. This is the reductionist view. For Brazilian law, as well as for most general data protection laws in other countries, the expansionist concept applies.
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發表於 2024-5-16 18:35:49