Bill of law on Internet-related matters is voted in Brazil

by DLA Piper
Contact

The so-called “Marco Civil da Internet” (i.e. the Bill of Law 2,126/2011, which establishes a civil rights framework for the Internet) was voted and approved by the Brazilian House of Representatives (Câmara dos Deputados) this week. Now it will be submitted to the Senate (Senado). The rumor is that the Government will press the senators to vote the bill with urgency, preferably before the Global Multistakeholder Conference on the Future of Internet Governance, which will be held in Brazil on April 23 and 24, 2014.

In order to have the Bill of Law voted this week, the Executive Branch agreed to exclude the provision that would oblige Internet application providers to store data of Brazilian users in servers in Brazil. In response to alleged surveillance of Brazilians’ data, at the end of last year the Executive Branch had requested the inclusion of an “storage localization” provision; however, the proposal faced  strong opposition of many industry associations, Internet players and congressmen.

Instead of a forced “storage localization” provision, the final version of the Bill of Law contains several other provisions aiming at increasing and ensuring the 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 of violation of such provisions.

Briefly, the Bill of Law (i) establishes and confirms individual rights in the Internet environment (e.g. protection of privacy, freedom of speech and expression, protection of personal data, etc.) and principles like preservation and assurance of neutrality and participatory nature of the Internet; (ii) establishes rules regarding civil liability of intermediary parties (e.g. Internet connection providers and Internet application providers); and (iii) establishes some principles for the action of public authorities in connection with Internet issues.

The final version of the Bill of Law establishes, for instance, that the Internet connection providers are (i) obliged to keep records of the connection access logs in a safe place for one year and (ii) forbidden to keep records of application access logs or to disclose access records to third parties without the person’s consent or a judicial order. There is also a provision obliging Internet application providers that carry out their activity in an organized, professional manner, with economic purposes to keep records of application access logs in a safe place for six months.

One of the most controversial points discussed before the voting was the regulation of the principle of Internet neutrality. Regardless of the pressure from telecom companies, the principle was maintained. According to article 9, the person or entity responsible for transmission, switching or routing of Internet traffic is obliged to treat equally all data packages – i.e. Internet connection providers are not allowed to provide different services or data packages based on the content, origin or destiny of data. Any exception to such principle will need to be regulated by the President through a Decree, after consulting with The Brazilian Internet Steering Committee and The National Telecommunications Agency (ANATEL), and may only result from (i) technical requirements essential to the adequate provision of services and applications; and (ii) prioritization of emergency services.

We cannot anticipate when Marco Civil da Internet will be finally enacted as law, but the expectation is that this will occur soon. We will follow up this voting closely.

* Adriano Chaves and Maria Paula Souza are, respectively, partner and associate with Campos Mello Advogados, an independent law firm in Brazil.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Written by:

DLA Piper
Contact
more
less

DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.