Prof. Hans-Jörg Albrecht, director at the Max Planck Institute for Foreign and International Criminal Law in Freiburg (Germany) came to Brazil in March 2016 to participate in a series of events on criminal policy organized by the University of Brasília (UnB) and University of São Paulo (USP). In that occasion, Professor Albrecht also sat down with Francisco Brito Cruz and Beatriz Kira, director and researcher at InternetLab, for a conversation on mandatory data retention – legal obligations to retain metadata generated in the provision of telecommunications services – for investigative purposes.

Prof. Albrecht became a specialist on the matter after conducting a research on the conflicts generated by this practice in the German context, between, on the one hand, the protection of rights of personality and, pursuit of security and law enforcement efficiency, on the other. The interviewers goal was to build a dialogue between the case studied by Professor Albrecht and the Brazilian reality, where data retention is widespread. It is found not only in the Marco Civil, but also in ANATEL regulations and the Criminal Organizations Act.

The full interview is available in video (below), and it was transcribed by InternetLab (also below). Professor Albrecht commented on the evolution and the state of art of this debate in Europe, providing arguments for a critical analysis of the Brazilian legislative landscape. With this work, we at InternetLab wish to contribute, in a qualified way, to the discussions on the State’s investigative power and capacity and its implications on the rights of users.

Is the interest of the State on metadata legitimate?

Data retention: are we all under suspicion?

Data stored by companies instead of the State: does it make a difference?

Access to data of Brazilian internet users

What do empirical findings show us about the necessity of data retention?

What can Germany teach Brazil?

Full interview