Provisional Measure, since the Personal Data Protection National Authority was
created as a federal agency integrated to the Office of the President (Article 55-A).
3 Specific Problems Concerning Data Protection
in the Internet
3.1 Personal Data Processed by Electronic Means
The Brazilian Personal Data Protection Law can be generally applied for the
protection of personal data in the context of services provided at a distance by
electronic means. The Brazilian Civil Rights Framework for the Internet (Federal
Law n
12.965/2014) can also be specifically applied in cases involving personal
data sharing on the internet. There is also a bill of law (PL n
281/2012) which deals
specifically about the consumer’s protection in electronic commerce. This bill of law
is currently under examination by the Brazilian Chamber of Deputies (Lower
House).
4
The above-mentioned legislation generally requires previous consent of the data
holder to the processing of personal data, including electronic processing. However,
in some situations provided in Brazilian law, especially those listed in items II to X
of article 7 of the Brazilian Personal Data Protection Law (such as protection of life,
physical safety or health), this processing can be done without any consent.
On electronic processing there are no limitations in terms of processing purposes
or types of data. On the other hand, in accordance with the Brazilian Civil Rights
Framework for Internet (Article 7), personal data shared via internet can only be used
for the aims which: (1) justified their collection, (2) are not prohibited by law, and
(3) are specified in service agreements or terms of use.
3.2 Protection of Minors’ Personal Data
Article 14 of the Brazilian Personal Data Protection Law establishes that the
processing of children’s and teenagers’ personal data must always serve their best
interest. The authorization of at least one of the parents or legal guardians of the
minor is required if the minor is under 12 years-old, in accordance with Brazilian
Statute of the Child and the Adolescent (Federal Law 8.069/1990). Parent’s authorization can only be waived if the collection of children’s personal data is essential
for their own protection or to contact their guardian (Article 14, §3th).
4 The National Congress is the legislative body of Brazil’s federal government. The Brazilian
National Congress is bicameral, composed of the Federal Senate (Upper House) and the Chamber
of Deputies (Lower House).
Right to Privacy and Personal Data Protection in Brazilian Law
49
created as a federal agency integrated to the Office of the President (Article 55-A).
3 Specific Problems Concerning Data Protection
in the Internet
3.1 Personal Data Processed by Electronic Means
The Brazilian Personal Data Protection Law can be generally applied for the
protection of personal data in the context of services provided at a distance by
electronic means. The Brazilian Civil Rights Framework for the Internet (Federal
Law n
12.965/2014) can also be specifically applied in cases involving personal
data sharing on the internet. There is also a bill of law (PL n
281/2012) which deals
specifically about the consumer’s protection in electronic commerce. This bill of law
is currently under examination by the Brazilian Chamber of Deputies (Lower
House).
4
The above-mentioned legislation generally requires previous consent of the data
holder to the processing of personal data, including electronic processing. However,
in some situations provided in Brazilian law, especially those listed in items II to X
of article 7 of the Brazilian Personal Data Protection Law (such as protection of life,
physical safety or health), this processing can be done without any consent.
On electronic processing there are no limitations in terms of processing purposes
or types of data. On the other hand, in accordance with the Brazilian Civil Rights
Framework for Internet (Article 7), personal data shared via internet can only be used
for the aims which: (1) justified their collection, (2) are not prohibited by law, and
(3) are specified in service agreements or terms of use.
3.2 Protection of Minors’ Personal Data
Article 14 of the Brazilian Personal Data Protection Law establishes that the
processing of children’s and teenagers’ personal data must always serve their best
interest. The authorization of at least one of the parents or legal guardians of the
minor is required if the minor is under 12 years-old, in accordance with Brazilian
Statute of the Child and the Adolescent (Federal Law 8.069/1990). Parent’s authorization can only be waived if the collection of children’s personal data is essential
for their own protection or to contact their guardian (Article 14, §3th).
4 The National Congress is the legislative body of Brazil’s federal government. The Brazilian
National Congress is bicameral, composed of the Federal Senate (Upper House) and the Chamber
of Deputies (Lower House).
Right to Privacy and Personal Data Protection in Brazilian Law
49