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Article 4

Application Exceptions

This Law does not apply to the processing of personal data:

  • I - performed by a natural person for exclusively private and non-economic purposes;
  • II - performed solely for the following purposes:
    • a) journalistic and artistic; or
    • b) academics, applying to this hypothesis arts. 7 and 11 of this Law;
  • III - performed for the exclusive purposes of:
    • a) public safety;
    • b) national defense;
    • c) state security; or
    • d) investigation and prosecution of criminal offenses; or
  • IV - originated from outside the national territory and not being the object of communication, shared use of data with Brazilian data processing agents or object of international data transfer with a country other than the country of origin, provided that the country of origin provides a degree of protection of personal data appropriate to the provisions of this Law.
    • 1. The processing of personal data provided for in item III shall be governed by specific legislation, which shall provide for proportional and strictly necessary measures to serve the public interest, observing due process of law, the general principles of protection and the rights of the data subject provided for in this Law.
    • 2. It is forbidden to process the data referred to in item III of the caput of this article by a person governed by private law, except in procedures under the supervision of a legal entity governed by public law, which shall be the object of specific notification to the national authority and which shall observe the limitation imposed in § 4 of this article.
    • 3. The national authority shall issue technical opinions or recommendations regarding the exceptions provided for in item III of the caput of this article and shall request the responsible agents for reports on the impact of personal data protection.
    • 4. Under no circumstances may the totality of the personal data in the database referred to in item III of the caput of this article be processed by a person governed by private law, except by a person whose capital is fully constituted by the public authorities.