EFF Pushes Brazil's ANPD to Balance Privacy, Free Speech in Platform Rules
EFF urges Brazil’s data authority to ensure platform rules protect privacy and free speech equally.
Why it matters: Brazil’s regulatory approach sets a benchmark for global digital rights, impacting platform governance and privacy law worldwide. Legal and tech sectors must watch Brazil’s ANPD as it shapes these critical standards in 2026.
- EFF formally advised Brazil’s National Data Protection Authority (ANPD) in July 2026 to balance privacy and free expression in digital platform rules.
- Brazil’s Law No. 15.211 (ECA Digital) from September 17, 2025, empowers the ANPD to protect minors online.
- Decree No. 12.975, issued May 20, 2026, updates Brazil's internet law, expanding platform duties and ANPD oversight.
- ANPD opened a public consultation on June 30, 2026, inviting feedback on platform regulations until August 17, 2026.
The Electronic Frontier Foundation (EFF) formally engaged Brazil's National Data Protection Authority (ANPD) in July 2026, urging the regulator to strike a firm balance between users’ data privacy and freedom of expression when finalizing platform regulations. This engagement occurs amid Brazil’s expanding digital rights framework.
Brazil’s Law No. 15.211, known as ECA Digital and enacted on September 17, 2025, designates the ANPD as the independent authority tasked with protecting children and adolescents in digital spaces. This law reflects Brazil’s commitment to safeguarding minors’ online rights while regulating platform operations.
Further, Decree No. 12.975, issued May 20, 2026, updated Brazil’s main internet law (the Marco Civil da Internet). It imposes new duties on digital platforms like social networks, enabling the ANPD to expand supervisory powers over these entities.
In this regulatory context, ANPD launched a public consultation on June 30, 2026, to solicit public and industry input on key issues such as user rights, platform responsibilities, and protections for vulnerable groups, including women online. The consultation remains open until August 17, 2026.
The EFF highlighted, “The Brazilian National Data Protection Agency (ANPD) plays a pivotal role in regulating digital platforms under new legislation,” signaling the agency’s influence on emerging standards that may affect international technology and legal communities.
Outside observers, including independent privacy experts at Privacy Law Blog, note that Brazil’s proactive regulatory steps could become a model for balancing competing rights in digital governance globally. This balance remains a complex challenge amid growing political and commercial pressures on digital speech.
By the numbers:
- September 17, 2025 — Brazil’s ECA Digital (Law No. 15.211) enacted, empowering ANPD to protect minors.
- May 20, 2026 — Decree No. 12.975 updates internet law, expanding platform regulation.
- June 30 to August 17, 2026 — ANPD’s public consultation on platform regulations.
Yes, but: While Brazil's regulatory framework advances digital rights, balancing free expression with robust privacy protections remains challenging amid political and corporate pressures that may shape final rules.
What's next: ANPD will review public consultation feedback and draft platform regulations expected in late 2026, influencing Brazil’s digital governance and global privacy debates.