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Article 4

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 for purposes solely:
    • 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 - coming 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 measures and strictly necessary to meet the public interest, observing due process of law, the general principles of protection and the rights of the holder provided for in this Law. .
    • 2. The processing of the data referred to in item III of the caption of this article by a person of private law is prohibited , except in proceedings under the supervision of a legal entity of public law, which will be the subject of a specific report to the national authority and which must 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 reports on the impact of personal data protection.
    • 4. In no case may all the personal database data referred to in item III of the caput of this article be processed by a person governed by private law, except for one who has capital fully constituted by the public power.