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Legal Update

Legislative Committee in Brazil Approves Bill Guaranteeing Confidentiality of Data Stored on Devices with Internet Access

12 December 2017
Tauil & Chequer Legal Update
On November 29, 2017, the Committee on Public Security and Combating Organized Crime of the Brazilian Chamber of Deputies approved a bill (PL-6960/2017) that would modify the Brazilian Civil Rights Framework for the Internet (Law No. 12.965/14) to ensure the protection and confidentiality of data stored on all devices with Internet access.

The bill, proposed by Congressman Cleber Verde and approved by the Committee of Science and Technology, Communication and Information Technology, initially intended to clarify the concept of “terminal” to avoid any doubt that mobile devices would also be protected by confidentiality. Nevertheless, the Committee decided to maintain the original text and just ratified the understanding that the term “terminal” encompasses mobile devices.

The current text of the law provides confidentiality only for stored communications and is silent with regard to data stored therein. By contrast, the revised law would grant confidentiality to data stored on all devices with Internet access, and the confidentiality of instant messages, photos and videos could only be breached through a judicial warrant.

The bill was sent to the Committee on Constitution, Justice and Citizenship for a vote, before being submitted to the full membership of the Chamber of Deputies.

Observations in this update about Brazilian law are by Tauil & Chequer Advogados. They are not intended to provide legal advice to any entity; any entity considering the possibility of a transaction must seek advice tailored to its particular circumstances.


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