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The Committee on Economic Affairs (CAE) approved Tuesday (3) a favorable opinion of PLC 53/2018, Milton Monti (PR-SP), which regulates the processing of personal data in Brazil, private initiative. The report was prepared by Senator Ricardo Ferraço (PSDB-ES), who only made editorial changes to the text approved by the House.
Ferraço rejected three other Senate proposals that were dealt with jointly: PLS 131/2014, PLS 181/2014, and PLS 330/2013:
– This was a concomitant debate in the House and Senate. Senate. Throughout this process we had a lot of dialogue and the texts were discussed. The House was quicker and approved this proposal which I consider very reasonable. The proposal pbaded in the House is very close to what we wanted here, so our amendments serve only to improve the legislative technique – he explained
Uncensored
The honorable senator again denied that the project involves a kind of censorship. According to him, this is only a set of rules, limits and consequences for companies or people who persist in thinking that the Internet is a world without rules, where everything is worth it.
– We seek to create equilibrium rules said Ferraço, who also recalled the backwardness of Brazil in this area.
During the debates, there was the support of all senators present, who considered it important that Brazil join with others
– The merit of the project is to balance the individual warranties with the concern not to hinder the economic dynamism of a country that must have a propensity for innovation.
In addition to social networks
The rapporteur argued that for the majority of people, the protection of personal data is viewed in a rather simplified way, such as when it is safe to use. was a simple exhibition on social networks or the Internet in general. However, the question goes much further:
"We may not know it, but everything we do is collected and stored in ever larger databases: when we wake up, we use the phone or tablet for daily activities., read news on the Internet, check the weather and check the traffic level at the workplace or children's school. Leaving the house, cell phone towers record our route. We install programs in our cars, phones or computers record
The senator gave an example of how such information may affect business decisions in business dealings with consumers. This is the case of the offer of plane tickets based on the geographic location of the citizen, a practice known as geopricing (geo pricing
"This is a case where the personal data processed ultimately hurt the owner.
| Understanding the legal framework of data protection | |
|---|---|
| Structure |
* The PLC 53/2018 comprises 65 articles, divided into 10 chapters. The text was strongly inspired by the specific lines of the European regulation which entered into force on May 25 of this year, the General Data Protection Regulation (GDPR) |
| Hypotheses for the processing of data [19659016[19659018] * For the public administration, for the treatment and the shared use of the data necessary for the execution of public policies
* With the consent of the holder * For the l '; fulfillment of the legal or regulatory obligation by the controller; ] * For the protection of life or the physical safety of the owner or of a third party, * For the protection of health, with a procedure carried out by health professionals or health authorities health * For the execution of a contract or of preliminary proceedings related to a contract of which the holder is a party when |
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| * All data, such as name, address , phone number, phone number, phone number, phone number, | |
| Membership Contracts | * In the case of membership contracts (in the case of contracts when the processing of personal data is a condition for the supply of a product or service, the holder must be informed in detail. |
| Sensitive data [19659026] * The text brings the notion of sensitive data: on the racial origin or ethnic, religious beliefs, political opinions; affiliation to trade unions or religious, philosophical or political organizations; health or badual life data; and genetic or biometric data when linked to a natural person. | |
| Vacatio legis | * The new rules will come into force only after one and a half years of publication of the law so that the organs, companies and |
| Authority National Data Protection Agency (ANPD) | * The project provides for the establishment of a special authority linked to the Ministry of Justice with the mission to protect the data, supervise and apply sanctions, among others. Other |
| Administrative Penalties | * Anyone who violates the new law will be liable to a warning, a simple fine, a daily fine, a partial suspension or total of the operation and other sanctions. |
| responsible that, due to the exercise of data processing activity, cause material damage, moral, individual or collective, is required to repair. In civil proceedings, the court may reverse the burden of proof in favor of the person concerned where, in his opinion, the allegation is probable, there is a hypothesis of the production of evidence or where the evidence produced by the proves excessively onerous | |
Senado Agência (Reproduction authorized by the quote from the Senate Agency)
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