Senate approves a project that establishes rules for the protection of personal data | Policy



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The Senate approved Tuesday (10) a draft that sets the rules for the protection of personal data, called by parliamentarians of the "legal framework of protection, use and treatment" of information.

The proposal has already been approved by the House and, as the contents of the bill have not been amended by senators, it continues to sanction President Michel Temer.

Personal data, for example: name, address, e-mail address, age, marital status and status of the property are taken into account.

The project determines that the use of the data requires the consent of the holder, who must have access to the information maintained by a company. The processing of the information will also be authorized if it falls within the badumptions provided for in the proposal, such as legal, contractual and credit protection obligations.

In the project approved by Congress, companies should:

  • collect only the data necessary for the services provided;
  • inform, in an understandable language, the data protection policy (clients whose data are invaded must be notified immediately);
  • Preserve the privacy of people, including the Internet.

The proposal further establishes:

  • Data relating to children may be processed only with the consent of the parents;
  • Information on human health can only be used for research purposes.

mandatory exclusion of data after the end of the relationship between the client and the company.

Holders of information can also correct data held by a company.

According to the project, the transfer of personal data may only be carried out in countries with an "adequate level" of data protection or if the company responsible for the transfer guarantees the principles of Brazilian law.

By the proposal approved by Congress, companies will be liable if leakage data from customers or if suppliers have the bases compromised.

The bill provides for a fine of up to 2% of the business turnover of the company that violates the rules, limited to 50 million reais per offense.

During the discussion of the project, the project's rapporteur, Ricardo Ferraço (PSDB-ES), said that there had been a wide debate on the subject, both in the House and in the Senate. "The Internet, of course, can not be a world without rules, values ​​and principles, the guarantee and the right to privacy and intimacy are above all a civilizing value," he said. he defended.

In the same vein, Senator Vanessa Grazziotin (PCdoB-AM) said the project is fundamental. "In Brazil, we lack more effective mechanisms for data protection," he said.

"We are talking about the protection of personal data at the time of the fourth revolution, the 4.0 revolution, social networks." […] Brazil is late on this issue, the protection of the citizen against the misuse of its data must be permanent "added Jorge Viana (PT-AC).

The project was supported by more than 60 organizations and entities related to the commerce, communication, Internet and Procons sectors

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