Brazilian Senate approves bill regarding the protection of personal data

After being approved by the House of Representatives in May this year, the General Data Protection Bill was also approved by the Federal Senate, as published in the Federal Official Gazette on August 15, 2018. The bill established a legal framework for the protection, treatment and usage of personal data, which is valid both for the public as well as for the private sectors. The law is aimed at reinforcing individuals’ right to privacy and promoting legal security of businesses that make use of personal data.

Under the new law,”personal data” is defined as “information related to an identified or identifiable individual”;in other words, information that makes it possible to identify an individual. Some types of sensitive data will be treated more strictly, such as data in relation to racial or ethnic origin, religion, political opinion, membership of a union or religious, philosophical or political organization, as well as data regarding a person’s health or sexual life. In addition, the law also gives special protection to personal data of individuals aged under eighteen.

As a result of the new law, the protection of personal data in Brazil no longer depends just on measures such as the Brazilian Civil Rights Framework for the Internet and the Consumer Protection Code. Under the new law, data processing is defined as “any operation that is carried out with personal data”, such as collection, use, access, reproduction, processing, filing, storage, disposal and transfer inside or outside the digital environment. However, the law is not applicable in certain specific cases, such as data processing for journalistic, artistic, national defense and public security purposes.

If an infraction under the law is detected, there are a number of penalties stipulated, such as suspension of the operation of the database and even a total ban on data processing activities. A warning is also envisaged, with a deadline being given for remedial measures to be implementedand a fine of up to 2% of the company’s turnover.

Aliança Traduções’objective is to protect its clients’ personal data.

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