Brazil - Data Protection Law Gets Closer to Approval in Brazil
After years of discussions and a few drafts brought to public consultation by the Brazilian Ministry of
Justice, on May 13, a Bill of Law for the protection of personal data has been submitted for discussion
at the Brazilian House of Representatives. According to its current wording, the law shall apply to any
handling and management of data collected in Brazil, regardless of whether such handling was
conducted by a natural or legal person, or regardless of whether such person lives or is
headquartered in Brazil or abroad. It also specifies a few exceptions, such as the handling of data for
personal, artistic, journalistic, literary or academic purposes.
The Bill of Law sets forth several transparency obligations for persons or entities wishing to handle
personal data, such as the need of free, informed and unequivocal consent from the data subject and
the ease of access to transparent information regarding the handling of the subject’s data. Specific
rules regarding the treatment of anonymized data, its international transfer or the treatment of data by
governmental bodies, among others, have been created. The Bill was presented to the House under
an urgency procedure, which may increase the speed of its analysis and voting.
For more information, please contact Flavia Rebello or Thais Carvalho.