News

Newsletter

Newsletter 2015.04 – New draft bill of law presents challenges for companies regarding the protection of personal data

Companies commonly consider their databases as an intellectual asset. Brazilian Copyright Law recognizes that companies own the architecture of databases that can be considered works of authorship, either by the selection, organization or disposition of its contents (article 7, XIII of Federal Law n. 9.610/1998). However, some aspects must be considered when databases contain private information (usually consumer’s data). Given that such data relate to natural persons’ privacy, strong objections are raised in society against the unauthorized treatment and transfer of such information. Unlike other countries, only now this became an issue in Brazil and under an scrutiny of experts and the allegedly mistreatment of client’s personal data by some companies that the debate about the new draft bill of law was recently introduced.
 
For the last thirty years, Brazilian legal framework has superficially touched the protection of personal data.  Dispositions were spread in the Federal Constitution, the Consumer Protection Code, the federal laws on access to public information and on industrial property, as well as on the Civil Rights Framework for the internet. Still, the lack of a single law fully regulating the issue has led to undesired levels of legal uncertainty.
 
An old promise of the Ministry of Justice, the Draft Bill of Law on the Protection of Personal Data was finally disclosed last January. Long-awaited by companies, lawyers and consumer defense entities, the draft is under public consultation until April 30, 2015 and might be refined bt the Ministry before its submission to the Congress. It is already possible, though, from the analysis of the document, to derive some conclusions that may guide companies with regard to the best practices to be adopted until the effective enactment of the law.
Back

Last related news

April 22, 2024

New Rules for Payment Transactions by Fixed-Odds Betting Operators in Brazil

In a further step towards regulating the new Betting Law (Law No. 14,790/2023), Normative Ordinance SPA/MF No. 615, of April 16, 2024, New Rules for Payment Transactions by Fixed-Odds Betting Operators in Brazil

Ler notícia

April 17, 2024

Anvisa opens its doors to Startups: Stepping towards Innovation in Medicines

Anvisa recently launched a public notice with the aim of selecting Startups involved in the research and development of medicines, in order Anvisa opens its doors to Startups: Stepping towards Innovation in Medicines

Ler notícia

April 11, 2024

Ministry of Finance Defines Regulatory Agenda for the Betting Market

In another step towards the realization and consolidation of the regulations provided for by the New Betting Law (Law 14.790/2023), the Ministry Ministry of Finance Defines Regulatory Agenda for the Betting Market

Ler notícia
plugins premium WordPress