Diego Machado
Privacy Specialist at the Brazilian DPA. Assistant Professor of Private Law at the Federal University of Viçosa. Ph.D. in Private Law.
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Papers by Diego Machado
Initially, the European Union’s General Data Protection Regulation design will be contextualized from the legal and jurisprudential framework that preceded it, outlining its most innovative concepts and the guiding principles of the new legislation. Next, we identify the extraterritorial elements of the new Regulation and its possible effects on Brazil. Finally, in a comparative analysis of the Argentinian legislation, this paper contextualizes current state of the art of data protection discussion in this important Latin American market, which is highly relevant to economic integration initiatives such as Mercosur. In final lines, recommendations are addressed regarding formation of a regional positioning about the course this subject will take in a global scope.
The protection of privacy on the internet faces challenges that are revealed in a series of questions that are put to the interpreter on the Brazilian law. The present study addresses the issue of mandatory records retention (articles 13 to 16 of the Brazilian Internet Bill of Rights) from this perspective and analyzes the reach and application of this legal regime to the logical ports. The proposed solution is built on the systematic interpretation of the national law, with the application of the data protection framework in dialogue with the Internet Bill of Rights’ rules.
It appears to the authors of this paper that the current moment is an excellent occasion for the congresswoman and congressman to think about the various interests at stake: on the one hand, companies and governments in increasingly collecting and treating data; on the other hand, individuals, internet users and interested parties in the protection of personal data that circles among various territories, way beyond Brazilian borders.
Some questions are inevitably in place: i) To what extent the proposed regulation for international data transfer, from the Brazilian legal system standpoint, is compatible with the norms and safeguarding already established by Brazil’s Internet Bill of Rights regarding users’ rights and civil liberties? ii) What are the technical, material and procedural limits imposed to the Legislative Branch - according to the law-making powers assured by the Brazilian Constitution, by Brazilian law and applicable international instruments to the regulation of this subject at the domestic level?
This policy paper attempts to critically comment on the state of the art of the pending Bill, approaching the debate to specialists’ views and compared insights in order to submit recommendations for reshaping the existing models adopted by the draft legislation.
Initially, the European Union’s General Data Protection Regulation design will be contextualized from the legal and jurisprudential framework that preceded it, outlining its most innovative concepts and the guiding principles of the new legislation. Next, we identify the extraterritorial elements of the new Regulation and its possible effects on Brazil. Finally, in a comparative analysis of the Argentinian legislation, this paper contextualizes current state of the art of data protection discussion in this important Latin American market, which is highly relevant to economic integration initiatives such as Mercosur. In final lines, recommendations are addressed regarding formation of a regional positioning about the course this subject will take in a global scope.
The protection of privacy on the internet faces challenges that are revealed in a series of questions that are put to the interpreter on the Brazilian law. The present study addresses the issue of mandatory records retention (articles 13 to 16 of the Brazilian Internet Bill of Rights) from this perspective and analyzes the reach and application of this legal regime to the logical ports. The proposed solution is built on the systematic interpretation of the national law, with the application of the data protection framework in dialogue with the Internet Bill of Rights’ rules.
It appears to the authors of this paper that the current moment is an excellent occasion for the congresswoman and congressman to think about the various interests at stake: on the one hand, companies and governments in increasingly collecting and treating data; on the other hand, individuals, internet users and interested parties in the protection of personal data that circles among various territories, way beyond Brazilian borders.
Some questions are inevitably in place: i) To what extent the proposed regulation for international data transfer, from the Brazilian legal system standpoint, is compatible with the norms and safeguarding already established by Brazil’s Internet Bill of Rights regarding users’ rights and civil liberties? ii) What are the technical, material and procedural limits imposed to the Legislative Branch - according to the law-making powers assured by the Brazilian Constitution, by Brazilian law and applicable international instruments to the regulation of this subject at the domestic level?
This policy paper attempts to critically comment on the state of the art of the pending Bill, approaching the debate to specialists’ views and compared insights in order to submit recommendations for reshaping the existing models adopted by the draft legislation.