![]() A Habeas Data writ can be addressed to any database which collects information that is or may be transmitted to third parties as well as information that is not exclusively used by the governmental agency or legal entity that generated or managed that information. The Habeas Data writ, as a constitutional remedy, can be used to grant access to information related to the individual that is stored in governmental or public databases, to correct or update data, or to proceed with annotations or clarifications on public databases concerning pending litigation. The writ has influenced other Latin American countries who have implemented similar data protection instruments. This access was enabled through the writ of Habeas Data which was introduced in 1988 Constitution and regulated by Law No. In response to social demands after the end of the military dictatorship, the Constitution also granted access to personal information gathered by governmental bodies. There are also legal mechanisms that enable access to information. In general terms, the Brazilian Federal Constitution of October 1988 protects the right to privacy, including the secrecy of correspondence, telegraphic, telephone and data communications. Among these statutes, the most important are the Consumer Code (Law 8078/90) and Marco Civil da Internet (Law 12965/2014). The general principles and provisions on data protection and privacy in Brazil can be derived from the Constitution, the Brazilian Civil Code and statues and regulations that address particular types of public and private relationships, different sectors (for example, financial institutions, the health industry, and the telecommunications industry), and the treatment and access to documents and information handled by governmental entities and bodies. ID regime: In 2017, the Identificação Civil Nacional was established to develop a national ID card system using biometrics. Recent scandals: In 2018 general elections, the extended use of whatsapp groups, using data extracted from several sources, gave way to disinformation and targeted messaging.ĥ. This is conditioned to the assessment of the National Congress within a period of 120 days.Ĥ. Data protection agency: Whilst Brazil's newly adopted Data Protection Law did not have a Data Protection Agency, President Michel Temer issued an executive decree creating such agency, right before leaving office. ![]() ![]() Data protection law: In 2018, Brazil approved a new General Data Protection Law.ģ. Constitutional privacy protection: The constitution contains an explicit protection of the right to privacy.Ģ. The State of Privacy in Brazil is the result of an ongoing collaboration by Privacy International and Coding Rights.īetween 2014-2017, Privacy LatAm contributed to previous versions of this briefing.ġ.
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