The Brazilian data protection law on the Internet was sanctioned this Tuesday (14th) by President Michel Temer, during an event at the Palacio do Planalto in the afternoon. The text gives citizens greater power over their personal information present on the network, so that they can control privacy, retrieval or transfer of content between online services. During the ceremony, Temer vetoed a section that created the National Data Protection Authority (ANPD), which would function as a regulatory body.
It is worth remembering that the measures take effect only a year and a half after the publication of the law. The text was inspired by a European Union project, which came into force in May this year. Both regulations aim to protect the processing of personal data on the Internet, so that they are not used for improper purposes or exploited without the owner's consent.
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The regulation of personal data is applied to online services, both public and private, and applies to Brazilian information banks, or foreign companies that collect data in national territory, or even institutions that aim to offer products in the country.
From then on, these entities must collect data only considered necessary for the accomplishment of the task they offer to the individual. Information such as sexual orientation, health and religion are considered sensitive and therefore cannot be used for the purpose of abuse or discrimination.
The law guarantees the anonymization of data, whenever possible, when collected by research organizations. Whoever gives their data to a service, will have the right to easy access to information regarding their treatment, and will be able to know for what purpose the data will be used, and who will handle it.
Law allows access to data only with consent Photo: Edivaldo Brito / TechTudo
Collection of information for private or non-economic purposes, or for artistic, journalistic or academic purposes is not included in data protection. In addition, the law also does not apply to the case of processing information aimed at public security, national defense, state security or criminal investigations.
The purpose of the text is to preserve the individual's privacy and their right to privacy, in addition to remedying serious leaks of information, such as the Facebook scandal with the company Cambridge Analytica. To this end, the law provides for reparation of damages to the individual who feels violated and a fine of up to 2% of the offending institution's profit. Other punishment options include warning and blocking the information collected, and may be suspended from the database for a maximum period of six months.
Temer vetoed an excerpt from the law that created the National Data Protection Authority (ANPD). The authority, which would be linked to the Ministry of Justice, would function as a regulatory body. Considered a kind of "data sheriff", its objective would be to monitor data protection rules and carry out punitive measures on those who breached the legislation.
However, Temer considered that there was an "addiction to initiative" in the creation of authority. The president stated that he would send a project to the National Congress on the subject, but that this time, it would be proposed by the Executive.
General Data Protection Regulation (GDPR) in Portuguese, General Data Protection Regulation came into force in the European Union in May this year and served as a basis for the drafting of Brazilian law. Although the law is only foreseen for the European Union, many companies that offer online services, such as Spotify, Microsoft and Google, were willing to extend the law's transparency rights to all their customers. Thus, even before the approval of the Brazilian data protection law, Brazilian users already had the power to request information regarding the treatment of their data.
Via Senado and The Guardian
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