The Ministry of Justice launches public consultation in connection with the Internet Act and the Preliminary Draft of the Data Protection Act
On January 28, 2015, the Brazilian Ministry of Justice ("MOJ") launched for public consultation the Internet Act (Law No. 12,965/2014) and the preliminary draft of the Data Protection Act. The goal of such consultation is to democratically receive contributions from the public, following the same process adopted at the time of the preliminary draft of the Internet Act.
The Internet Act
The Internet Act, dated April 23, 2014, expressly requires further regulation of certain matters, including exceptions to net neutrality and mandatory safety procedures for data treatment.
The topics pending regulation were grouped by the MOJ, as follows: Neutrality, Privacy and Access Logs. Suggestions and clarifications on other topics were also encouraged.
The Internet Steering Committee in Brazil ("CGI.br") and the National Telecommunications Agency ("ANATEL") will play an important role on net neutrality discussions.
The CGI.br has been receiving contributions in relation to the Internet Act in order to complete its report that will be submitted to the relevant government agencies. Initially, public contributions will be directed to the CGI.br multi sector working group, which will then schedule public hearings for further discussion.
ANATEL is expected to publish a public consultation date on which the exceptions to net neutrality can be debated, but no date has been set as yet.
Data Protection Act
The public consultation on the preliminary draft of the Data Protection Act likewise seeks to promote public participation through comments and suggestions on the proposed legislation, which is already available on MOJ's website.
The draft of the Data Protection Act represents a legal landmark as to the protection of personal data in Brazil. The consent of individuals, the legitimate use of personal data, as well as the minimum standards of security and privacy, are among the issues arising from the initial draft and which will be the subject of public consultation.
Contributions on personal data protection may be submitted on the MOJ website from January 28, 2015 to February 27, 2015.