Digital Law
Due to an intense political articulation in the Brazilian House of Representatives, and despite the troubled moment in the country caused by the nationwide truck drivers' strike, Bill of Law No. 4,060/2012, which establishes a general data protection law in Brazil, was approved in a symbolic vote last Tuesday evening (May 29, 2018). If definitely approved, the law will come into force within eighteen (18) months after its publication.
On May 24, 2018, a Substitutive Text for Bill of Law No. 4,060/2012, which also encompasses Bills of Law No. 5,276/2016 (considered one of the most consistent about the subject once it has been widely debated with the society) and 6,291/2016, was presented, having Representative Orlando Silva (PCdoB-SP) as its rapporteur. Such Substitutive Text, in turn, was given urgent status on May 28, 2018, which enabled its short approval time in the House. Next steps involve the analysis of the Substitutive Text by the Federal Senate, where the subject is already being discussed due to Senate Bill of Law No. 330/2013. A Substitutive Text for such Senate Bill of Law, presented at the beginning of May by its rapporteur, Senator Ricardo Ferraço (PSDB-ES), has been given a new wording and is expected to be voted still this Wednesday (May 30, 2018).
The approval of Bill of Law No. 4,060/2012 represents a triumph of the Brazilian House of Representatives on the dispute with the Senate for the urgency on the edition of a national personal data protection law, which became more intense due to the fact that the European Union's General Data Protection Regulation (GDPR) is in force since May 25, 2018. In this sense, it must be pointed out that such bill of law has adapted some of its provisions to the new European regulation. Some of the more representative examples refer to the inclusion of other legal bases beyond consent for the treatment of personal data, such as the contractual obligation and the legitimate interest, as well as to the international transfer of data, which shall be carried out with countries having an adequate protection level for such data, and the prescription for the creation of a National Data Protection Authority, by establishing its organization and its competences.
There is no doubt that the creation of a general law specifically aimed at data protection is an underlying need for the country. Therefore, Congress' mobilization towards the approval of a bill of law with provisions equivalent to the international protection level is a positive measure.
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