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

The Brazilian National Data Protection Agency (ANPD) plays a pivotal role in the regulation of digital platforms according to new legislation approved in Brazil. Throughout this year, EFF has presented comments, filed submissions, and met with the agency to emphasize crucial guardrails that the enforcement of new regulations should ensure.  ANPD is responsible for detailing and applying obligations set in Law n. 15.211/2025, which established rules for the protection of children and adolescents in the digital space. While some provisions establish important privacy safeguards, like prohibiting advertising based on profiling of underage users, the law created mandatory age assurance mechanisms for accessing digital products and services.  We have raised alarms on the privacy and free expression issues around age-gating the internet. Age verification technology is often inaccurate and privacy-invasive. Examples also show how it’s prone to enforcement overreach, resulting in sites blocked beyond legal requirements. In the UK, providers disproportionately restricted several counseling, support and mental health sites under the Online Safety Act. Current age assurance ...