Brazilian Internet Law

INTELLECTUAL PROPERTY
& INFORMATION TECHNOLOGY
CLIENT ALERT
FEBRUARY/2015
Public consultations for the regulation of the Brazilian Internet Law (Marco Civil da
Internet) and for the approval of the Data Protection Bill of Law
PRACTICE AREA
Intellectual Property
Information Technology
& Communications
On January 28, 2015, the Brazilian Ministry of Justice launched two public debates that
are directly linked to the use of the Internet and to the protection of personal data: Law
No. 12.965/2014 (the “Internet Law”) which will be further regulated by a Decree-Law
and the Data Protection Bill of Law (PL No. 181/14). Initially, public debates will remain
open until February 26, 2015, but the deadline may be extended. Interested parties may
provide opinions through the web portals available or directly through Twitter and
Facebook.
COORDINATOR
Valdir Rocha
Fábio Pereira
The Internet Law addressed certain matters that would be subject to further regulation.
Thus, the public consultation has been divided into four niches:
§ Net neutrality
§ Privacy online
§ Logs retention
For further information,
please send a message to
news@veirano.com.br
§ Other issues and considerations
Net Neutrality – Free Internet
Article 9 of the Internet Law deals with net neutrality, which provides fair treatment
within network traffic data packets, regardless of their content, origin and destination,
service, terminal or application. The law has brought the concept of neutrality, but left the
limits of the exceptions to such concept to be further regulated. Thus, this niche aims at
discussing the specific exceptions to the neutrality principle, limited to technical
requirements for the proper provision of services and applications, as well as prioritization
of emergency services.
This document was prepared
exclusively for informational
purposes and does not constitute
legal advice or an invitation to an
attorney-client relationship. If you
have any questions, our lawyers are
available for clarification.
It is forbidden to distribute,
reproduce or transmit this
document, in full or in part, without
the prior consent of Veirano
Advogados.
© 2015 Veirano Advogados.
All rights reserved.
The Brazilian Internet Steering Committee (CGI) and the National Telecommunications Agency (Anatel) will be consulted
for the regulation of exceptions. The CGI, responsible for establishing strategic guidelines related to the use and
development of the Internet in Brazil, extended the deadline of the Contributions Call for regulation of the Internet Law
until February 20, 2015. Also, according to information provided by Anatel, the agency also intends to organize a public
consultation on the net neutrality principle and has already set up working groups to discuss occasional exceptions to the
principle.
Privacy Online
The Internet Law contains certain provisions which intend to ensure the privacy of internet users and to protect personal
data. However, the Internet Law generally ensures privacy rights to internet users and, thus, this niche of the consultation
aims at clarifying the law’s principles and rules, as well as the safety procedures and transparency which shall be specified
thereunder. The discussion should permeate attempts for balancing an appropriate degree of protection, since strict
safety standards generate costs for the parties which are responsible for data retention while the absence of an
appropriate degree of care with information security may expose citizens’ data.
Logs Retention
Retention of access records may facilitate the investigation of crimes committed over the internet without disregarding
privacy or the users’ freedom of expression, guaranteed by the Internet Law. This niche will discuss which access
providers and internet applications are subject to retention of records obligations, as well as procedures to retain and
request connection logs.
Other issues and considerations
This niche will allow for clarifications on certain issues that have been addressed by the Internet Law and which have not
been covered by other sections of the public consultation. Also, it is possible to provide contributions in connection with
governmental initiatives relating to the Internet within the limits of the purposes of the Decree-Law, provided that
constitutional guarantees are respected: governmental initiatives in connection with topics covered by the law and
detailing of legal concepts that are not covered by other niches of the consultation, as well as other considerations.
Data Protection Bill of Law
In addition to the public consultation on the regulation of the Internet Law, a consultation on the Data Protection Bill of
Law has also been launched. The Bill of Law provides for the processing of personal data and intends to protect the
personality and dignity of natural persons. One of the aspects of the discussion is the conceptual difference among
personal, anonymous and sensitive data and measures to protect them. The discussion platform will be based on the
suggestion of a text that was extracted from the public debate occurred between 2010 and 2011. The Ministry of Justice
considers that it is essential to have a legal framework on data protection in Brazil, based on consent and legitimate use of
data, mechanisms for rights exercise and minimum security and privacy standards for citizens. It should be noted that the
Internet Law has no definition of personal or sensitive data.
Our team at Veirano Advogados is available for further clarifications concerning the public consultations for the regulation
of the Internet Law and approval of the Data Protection Bill of Law.
Valdir de Oliveira Rocha Filho
valdir.rocha@veirano.com.br
Fábio Luiz Barboza Pereira
fabio.pereira@veirano.com.br
Ieda Nogueira Dutra
ieda.dutra@veirano.com.br
Joao Carlos Arieira Harres
joao.harres@veirano.com.br
veirano.com.br
Rio de Janeiro
São Paulo
Porto Alegre
Brasília