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Personal data: awaiting a text

Document Citado por Related
Vincent
AutorPaulo Rená da Silva Santarém
Páginas85-87

Page 85

See note 36

Very few people remember this, but in 2010 Brazil began the process of creating a speciic law for the protection of personal data. Part of this lack of awareness can be attributed to the federal government itself, which for a long time stalled the initiative to create a new legal text, but it can also be due to the fact that our culture is permissive of the evasion of personal information. But the maturing of the Marco Civil da Internet (Civil Rights Framework for Internet Use) into a law opens the door for privacy to occupy a central role in the country’s digital politics agenda.

Page 86

Between November 2010 and April 2011, a partnership between the Ministry of Justice and the Fundação Getulio Vargas in Rio de Janeiro generated a public debate on privacy and the protection of personal data. In ive months, 14 thousand visits and 795 comments were received. However, all of this discussion was not enough to guarantee the presentation of a draft of a law by the Executive Branch.

The federal government only readdressed the issue in 2013, when Edward Snowden reported the mass surveillance on the Internet by the American National Security Agency in association with similar agencies from four other countries (Australia, Canada, New Zealand, and the United Kingdom). In spite of this, this new approach merely proposed changes to be made to the Marco Civil text, as this was being analysed by parliament since August 2011. Even the proposed alterations – such as the initial demand of data centres in the country and the enforced obligation of retention of data and access to the protection of privacy – were not proven to be exactly adequate for the protection of privacy.

Certainly the Brazilian government’s disinterest in continuing this discussion is related to the lack of public sensitivity to the issue of preserving personal data. It’s surprising to consider the vast amount of information, which is supplied in order to access any service, public or private, or even to acquire products. From the Natural Persons Register number (CPF) presented by shoppers in for tax exemptions, to giving your personal address to participate in a promotional television campaign, in Brazil personal information is easily obtained by any company.

This context generates a series of risks, exacerbated by the growing demand for the supply of an ever-greater amount of data. From a public security perspective, retention as a rule and the State’s access...

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