Brazil’s Data Protection Laws: A Comprehensive Examination

As the world becomes increasingly digitized, the protection of personal data has become a pressing concern. In Brazil, the government has implemented various laws to safeguard individual privacy and ensure the responsible handling of personal information.

Constitutional Protections

Article 5 of the Brazilian Constitution guarantees the “inviolability” of an individual’s privacy, private life, honor, and image. Additionally:

• The Constitution grants citizens the right to compensation for property or moral damages if their rights are violated.
• Habeas data allows individuals to access and correct personal information stored by government agencies or public entities.

Data Protection Laws

The Consumer Protection Law of 1990 regulates consumer databases held by banks, credit agencies, and other companies. This law requires that:

• Any consumer data stored in a database be truthful, objective, and easily understood.
• No negative information about an individual can be stored for more than five years without their consent.

Protection of Sensitive Data

The Constitution and Civil Code apply to all individuals and legal entities, while the Consumer Protection Code governs relationships between consumers and service providers, including those conducted online. The Credit Information Law (CIL) of 2011 imposes additional requirements on the creation and access to databases related to credit information, including:

• Prohibiting the processing of sensitive data such as:
  • Political
  • Religious
  • Sexual
  • Health

Restrictions on Data Transfer

While there are no restrictions on the international transfer of data, consent is required for the initial gathering and processing of personal information. It is also recommended that:

• Data subjects be informed about the purposes and methods used to process their personal data.

Case Law and Regulations

Brazilian courts have consistently held that individuals have a right to access and correct personal information stored by government agencies or public entities. The country’s Civil Code and Consumer Protection Code also provide additional protections for personal data.

Conclusion

In conclusion, Brazil has implemented various laws and regulations to protect individual privacy and ensure the responsible handling of personal information. While there are some limitations on data transfer, consent is required for the initial gathering and processing of personal data.