On November 25, 2014, the United Nations (UN) approved a new project of resolution presented by Brazil and Germany named "the right to privacy in the digital age". The new document reiterates and complements a similar one, dated of 2013, proposed by the same countries. In order to become a resolution, the new project will be submitted to the approval of UN's General Assembly.
A new aspect of the project is the use of metadata, which is understood as information that describe data itself, enabling the identification, localization and management of the information associated to it. In addition, the document requests that the UN Human Rights Council creates a mechanism to monitor the misuse of information. Furthermore, it reiterates that private companies shall respect human rights when it comes to the use of personal data.
Although UN's resolutions are not legally binding, they indicate the right to privacy as a human right that must be respected by all countries. In Brazil, there is no specific law regarding all aspects of protection and use of personal data, neither regarding privacy, although privacy is protected by our Constitution. In addition, several pieces of legislation also protect certain personal data, such as the Brazilian Civil Code, the Consumers Defense Code, the National Security Law and the recently enacted Brazilian Internet Act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
