Internet applications providers, in which at least one of these acts occurs in the
national territory, shall respect Brazilian law” (Article 11).
4.2 The Specific Conditions Applicable to the Transfer
of Personal Data to a Foreign Jurisdiction
The Brazilian Personal Data Protection Law provides specific hypotheses in which
international personal data transfers are allowed (Article 33). Some examples of
authorized situations are: (1) when the transfer is for countries or international
organizations that provide a degree of personal data protection suitable to the provisions of the national legislation; (2) when the holder has provided his specific
consent and highlighted the transfer, with prior information on the international
character of the operation; or (3) when the transfer is necessary to the execution of
public policy or legal attribution of the public service, under the condition of being
publicized, among others.
4.3 The Law Applicable to Liability for Damages Caused by
the Unlawful Processing of Personal Data
Concerning the law applicable to liability of damages, it is clear that if the damages
are caused in Brazil then Brazilian law is applied. Brazilian law, however, does not
clarify where damages shall be deemed caused in case of unlawful processing of
personal data involving systems located in different jurisdictions. Courts usually
apply Brazilian law in these cases whenever the victim is living in Brazil when the
damage is caused.
5 Conclusion
The right to privacy was in a sort of hiatus in Brazil. After the promising treatment
given by the Constitution of 1988, which established a solid commitment to privacy
protection, it ended up being put on hold by the legislator.
6 Meanwhile, the extraordinary technological evolution showed that privacy was under threat. The approval
of the Brazilian Personal Data Protection Law in 2018 is good news and emphasises
the Brazilian Congress’ commitment to carrying out the constitutional project, as
well as bringing our country closer to the best international experiences in this
matter. Notwithstanding, the creation of an independent agency in charge of personal
6 Schreiber (2014). p. 186.
Right to Privacy and Personal Data Protection in Brazilian Law
53
national territory, shall respect Brazilian law” (Article 11).
4.2 The Specific Conditions Applicable to the Transfer
of Personal Data to a Foreign Jurisdiction
The Brazilian Personal Data Protection Law provides specific hypotheses in which
international personal data transfers are allowed (Article 33). Some examples of
authorized situations are: (1) when the transfer is for countries or international
organizations that provide a degree of personal data protection suitable to the provisions of the national legislation; (2) when the holder has provided his specific
consent and highlighted the transfer, with prior information on the international
character of the operation; or (3) when the transfer is necessary to the execution of
public policy or legal attribution of the public service, under the condition of being
publicized, among others.
4.3 The Law Applicable to Liability for Damages Caused by
the Unlawful Processing of Personal Data
Concerning the law applicable to liability of damages, it is clear that if the damages
are caused in Brazil then Brazilian law is applied. Brazilian law, however, does not
clarify where damages shall be deemed caused in case of unlawful processing of
personal data involving systems located in different jurisdictions. Courts usually
apply Brazilian law in these cases whenever the victim is living in Brazil when the
damage is caused.
5 Conclusion
The right to privacy was in a sort of hiatus in Brazil. After the promising treatment
given by the Constitution of 1988, which established a solid commitment to privacy
protection, it ended up being put on hold by the legislator.
6 Meanwhile, the extraordinary technological evolution showed that privacy was under threat. The approval
of the Brazilian Personal Data Protection Law in 2018 is good news and emphasises
the Brazilian Congress’ commitment to carrying out the constitutional project, as
well as bringing our country closer to the best international experiences in this
matter. Notwithstanding, the creation of an independent agency in charge of personal
6 Schreiber (2014). p. 186.
Right to Privacy and Personal Data Protection in Brazilian Law
53