Although the rights to privacy and intimacy are assured by the Federal Constitution and despite the existence of sparse rules regulating their protection at the infra-constitutional level, Brazil still has no legislation laying down specific rules for the protection of privacy nationwide. Around the world, more than 100 countries already have legislation in this regard, drawing inspiration from a regulatory model that started in Europe. Brazil’s delay, however, does not mean that the agenda has been forgotten. Since 2007, the Ministry of Justice is discussing proposals of regulation.

The Data Protection Draft Bill was submitted to a public consultation process conducted by the National Consumer Secretariat (SENACON) together with the Secretariat of Legislative Affairs (SAL) of the Ministry of Justice. From 28 January to 05 July, 2015 the National Consumer Secretariat (SENACON) together with the Secretariat of Legislative Affairs (SAL) of the Ministry of Justice conducted a public consultation process around a Data Protection Draft Bill, in an online platform, which seeked to adopt a general law for data protection in Brazil.

InternetLab monitored the entire process of public consultation, publishing weekly newsletters about what was being discussed on the platform and published a report mapping the various contributions made by representatives of public and private sectors, academia, citizens and civil society organizations. The final text, which resulted from this process, were sent to Congresso in May 2016 and is now being processed in the House of Deputies as Bill No. 5276/2016.

At the same time it was being discussed within the Ministry of Justice, other proposals arose in the Brazilian Congress and sparked the debate among parliamentarians, such as Proposed Bill 4060/2012, authored by Deputy Milton Monti and Proposed Bill 181/2014, authored by Senator Vital do Rego.

The issue in question is a complex one. Regulating the use of personal data means to equate the interests of those who see unique opportunities to promote innovation and enjoy the benefits of big data in the collection and processing of data with the interests of those who advocate for limits to these capabilities as a condition for the protection of privacy. Different stakeholders competed – and continue competing – around multiple sensitive points in this debate. The monitoring of this agenda is part of InternetLab’s policy watch area.