BR LGPD Arts. 2(II), 19 and 39 - child-monitoring product safeguards

Where this comes from

Who it applies to

What engineering work it implies

Evidence an auditor expects

• Assessment documentDocument review

  Protect child-monitoring capture, storage and transmission and inform the child — scoped assessment and minimized evidence

  Assess the actual supplier of a child-monitoring product/service available in Brazil under Articles 2(II) and 19: technology intended for parents/guardians to follow children's/adolescents' digital actions through recording or transmission of images, sounds, location, activity or other data. Generic analytics, a parent-facing purchaser label or the absence of child-created accounts cannot alone decide this role. For Article 19, assess Article 39's service-specific modulation and conditional dispensation only where the actual eligible editorial-control or previously licensed-content class and all classification/alternative age-adequacy and signalling, age-classification transparency, complete accessible parental-mediation controls and accessible reporting channels are established. Controls must cover age-based content, personal data, user interaction and commercial transactions. Preserve replacement and non-listed safeguards; do not infer relief from a generic content or monitoring label. Use current information-and-communication-technology mechanisms and solutions to protect the inviolability of images, sounds and other information captured, stored and transmitted to parents or legal guardians. Assess the actual capture/storage/transmission and authorized guardian access paths; encrypting transport alone does not establish every protection. Provide mechanisms informing children and adolescents in appropriate language that monitoring is taking place. Development and use of monitoring must follow their best interests and full development of their capacities. A guardian dashboard or hidden monitoring control alone does not meet the child-facing notice duty. Use synthetic or sanitized assessment cases and minimized configuration, access, control and review evidence. Exclude real child identities, conversations, images, recordings, precise locations and raw personal-data reports from ordinary task attachments, exports and general logs. Keep any legally necessary sensitive operational material in a separately authorized, purpose-limited process with assessed access and retention. This is an engineering evidence-minimization safeguard, not a prescribed fixed log schema or retention period. Verify current ANPD implementing requirements and qualified Portuguese source review. Lei 15.211/2025 commenced on 17 March 2026 following Lei 15.352/2026; do not infer all historical legal outcomes or full ECA Digital compliance from this record.

Questions people ask

Does BR LGPD Arts. 2(II), 19 and 39 - child-monitoring product safeguards apply to my service?

It applies when Brazil ECA Digital assessed fact Q_BR_ECA_CHILD_MONITORING_PROVIDER: YES. It does not apply where Brazil ECA Digital assessed fact Q_BR_ECA_ART39_SERVICE_CLASS: YES.

From when does this apply?

BR LGPD Arts. 2(II), 19 and 39 - child-monitoring product safeguards applies from 17 March 2026. Its current status is: in force.

What evidence does an auditor expect?

Protect child-monitoring capture, storage and transmission and inform the child — scoped assessment and minimized evidence.