Privacy and LGPD

LGPD and flow analytics, measuring without identifying

Controller and processor roles, exact terminology and the safeguards that make flow analytics fit within the law.

The most common question in a conversation about video-based flow analytics is blunt: does this breach the LGPD, Brazil's data protection law? The answer depends on three things: what is done with the image, how roles are defined and how precise the words are.

First, the words

Raw video is personal data. Trajectories, sessions and events derived from video are pseudonymised personal data: they do not identify someone directly, but the LGPD applies to them in full. Only irreversible aggregates, with a minimum population per bucket and no session identifiers, can be treated as anonymised.

Calling operational data "anonymised" when it is pseudonymised is not a detail: it changes obligations, deadlines and the trust of the customer's data protection officer.

Then, the roles

The retailer decides purpose and means: it is the controller. The platform processes on its behalf: it is the processor. That defines who installs the in-store notice, who answers data subjects, who reports incidents to the ANPD and who secures the pipeline. A data processing agreement records that division before any real footage is processed.

The safeguards

SafeguardWhat it means in practice
No facial recognitionNo representation of a face is extracted or stored
Ephemeral identifiersA track belongs to a session, not to a person
Mandatory masksShop windows, street and payment terminals stay out of the analysis
Short retentionRecorded automatic deletion, and deletion on demand
Data residencyHosting in a Brazilian region by default
TransparencyIn-store poster and employee notice, with ready templates

The legal basis

The working hypothesis is the controller's legitimate interest, assessed per deployment with the three-part test: purpose, necessity and balancing. The impact assessment comes before the first processing and is revised at every material change.

The honest limit

Without a civil identification key, the platform cannot locate "one person's data". What it can do is report the categories and periods processed and run deletions by store and period. That limit is stated in the contract and in the reply to the data subject, because promising what cannot be delivered is the most expensive mistake in privacy.

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