[authors: Adriano Chaves and Maria Paula Souza*]
Brazil’s Marco Civil da Internet, the Bill of Law establishing a civil rights framework for the Internet, has been approved by the Brazilian House of Representatives.
Next, it will be submitted to Brazil’s Senate, where many predict it will move ahead quickly. Observers have commented that the government is pressing senators to pass the bill, preferably before the Global Multistakeholder Conference on the Future of Internet Governance, being held in Brazil on April 23 and 24, 2014.
A major improvement that is in lieu of a forced “storage localization” provision, the final version of the Bill of Law contains provisions aiming to ensure protection of personal data and privacy. For instance, article 11 establishes that the collection, process or storage of records, personal data or communications by Internet connection providers and Internet application providers in Brazil will be subject to Brazilian law, even if performed by a foreign entity. The Bill also establishes specific penalties in case these provisions are violated. Certain provisions would require Internet application providers to preserve access logs for prescribed periods of time.
* Adriano Chaves and Maria Paula Souza are, respectively, partner and associate in the Corporate practice of Campos Mello Advogados, based in São Paulo.