Anonymization of personal data for scientific research purposes and its compliance with the LGPD

Abstract

The General Data Protection Law (LGPD) allows personal data processing for studies by research institutions, requiring anonymization “whenever possible”. However, the vagueness of this provision creates uncertainty regarding the boundary between privacy protection and the preservation of data utility, which can hinder scientific research. Given this problem, this article aims to analyze and propose a framework for applying the expression “whenever possible”. This qualitative study, with exploratory and descriptive objectives, was conducted through a literature and documentary review of specialized doctrine, legislation, and Technical Studies from the National Data Protection Authority. As a result, three possible interpretations of the legal provision were identified based on Greco’s (2008) categorization: “whenever possible without force”; “weak whenever possible”; and “strong whenever possible”. The study concludes in favor of the strong interpretation, which establishes anonymization as a general duty while enabling research by allowing the use of non-anonymized data when anonymization is proven to be unfeasible or destroys the scientific utility of the data, provided that explicit justification is presented. This approach ensures a balance between privacy protection and the promotion of scientific development.