Representatives of the entities delivered the document to the
MDIC minister, Marcos Pereira
The entities ABES, Brasscom and Assespro delivered, during a meeting with the Minister of Industry, Foreign Trade and Services, Marco Pereira, this Thursday (27), a manifesto on the future personal data protection law, in which they affirm that the creation of an independent federal authority to interpret, supervise and enforce the future regulation on the protection of personal data. The manifesto states that, internationally, almost all countries that have enacted personal data protection laws have created a specific and independent national body with these powers. ABRANET (Brazilian Internet Association) is also a signatory of the manifesto.
According to the entities, the advantages of an independent federal authority model are the consistency of interpretations, the technical-legal expertise on the subject, the regulatory certainty and the independence necessary to act effectively and weigh all the rights and interests in match. The entities suggest that the agency's operating budget should be autonomous, without including any fines imposed as a result of violations of the law, "because otherwise there would be a clear conflict of interests and incentives for distortions".
The debate on the creation of a supervisory authority is on the agenda in Brazil. The Attorney General's Office has already suggested the creation of a National Data Protection Authority, an autarchy that would be independent, but linked to the Legislative or Executive. On the international scene, the director of the Center for Research on Data Protection at the University of Frankfurt and a recognized scholar on the subject, Indra Spiecker, defended, in an interview with Abranet, the creation of regulatory agencies to supervise the application of the data protection law .
In the manifest, the entities recognize that the protection of personal data is one of the great challenges of today; and ask that Brazil conceive a modern and balanced Personal Data Protection Law, which protects the rights of citizens and which is a driving force for technological development and innovative business models. However, they ask that the future law enter into force after three years, counted from the date of its sanction.
The text makes recommendations for the definitions of anonymous data (those relating to a holder who is not identified), personal data (any data that exactly and precisely identifies a natural person) and sensitive data (such as personal data about racial or ethnic origin, religious convictions, political opinions, affiliation to trade unions or organizations of a religious, philosophical or political nature, medical, genetic data and data referring to affective and gender orientation).
The document requests that the processing of sensitive personal data, voluntarily made available by their holders, dispense with differentiated consent, and may be treated as personal data. Regarding consent, the entities suggest that free and unequivocal consent be adopted, as opposed to the express consent established in other legal diplomas, in a way that enables data processing in the connected digital environment, allows continuous innovation based on data and ensures the level of protection adequate to the holder.
Regarding the accountability of companies that process data and provide services to the user in relation to personal data, the manifesto points out that the fundamental rights and freedoms of the holder must be respected, that the processing of data must be within the scope of consent, legitimate interest , or in other cases provided for by law, and that there must be a duty to safeguard the processed data.
In the event of non-compliance with its duties, the manifesto requests that the company that processed the data will be liable for damages caused to the data subject strictly within the scope of its performance within the processing chain, and the respective responsibilities of each of the other companies must be determined. specialists contracted by it.
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