Note: General Data Protection Regulation GDPR, in Brazil, in Portuguese: LGPD- Lei Geral de Proteção de Dados Pessoais –
Carla Marques Augusto – Lawyer at Vigna Advogados e Associados.
The technological revolution has brought with it a flood of data that permeates almost every aspect of life in modern society. This digital currency of exchange is powerful, and the way it is used raises many ethical and legal questions. Privacy is one of the big issues on the agenda, after all, dealing with the constant exposure of personal information is one of the biggest questions of today’s digital age.
The law certainly needs to keep up with this progress in order to set limits and ensure that people have control over their own information. Data protection laws are an important step in this direction, but the speed with which technology evolves often outstrips the ability of laws to adapt.
Mediation by the law is essential to balance the use of technology and the protection of individual rights. After all, how can we guarantee the security and integrity of data without stifling innovation? It’s a fine line that requires careful attention.
The constant use of information from application users and indiscriminate access to the internet leaves digital traces. At first glance, the use of this information seems harmless, but these digital traces lead to confidential and very important information that can be accessed, causing enormous damage.
This problem is a complicated web. What begins as an apparently harmless sharing of information can quickly turn into an uncontrolled exposure of sensitive data. The issue of digital footprints is particularly intriguing. It seems that everything you do online leaves a mark, and these footprints can reveal much more than you might think.
Exchanging information for likes and social interactions is a kind of digital “contract” that most people accept without thinking about the real implications. It’s as if they were exchanging their privacy for a moment of digital validation. Raising awareness about this unequal trade is crucial, and people need to be aware of the value of their information.
Protecting information in the digital world is challenging, especially with the increasing sophistication of digital espionage practices. Here, the role of law is fundamental. Robust data protection laws, efficient enforcement and significant penalties for violations can create an environment in which companies and organizations think twice before improperly exploiting users’ information.
In addition, a continuous dialog between legislators, technology experts and society is needed to ensure that laws adapt quickly to changes in the digital landscape. Ethics also plays a crucial role, encouraging companies to adopt transparent and responsible practices.
Brazil was visionary with the creation of the Marco Civil da Internet, one of the most comprehensive legal provisions on the subject. The Marco Civil da Internet provides for data security on the internet, privacy and the protection of intellectual property, preventing users from misusing or commercializing public and personal data.
The history of internet regulation in Brazil is marked by a gradual process of legislative construction that reflects the challenges and digital transformations of Brazilian society. From the establishment of the Brazilian Civil Rights Framework for the Internet to the enactment of the General Data Protection Regulation (GDPR), the country has sought to keep up with the rapid pace of technological change and guarantee citizens’ rights in a constantly evolving digital environment.
The Civil Rights Framework for the Internet, officially known as Law No. 12.965/2014, was sanctioned on April 23, 2014, after intense debates and public consultations. It was drafted in response to the need to establish principles, guarantees, rights and duties for internet use in Brazil.
Among the main points of the Marco Civil are net neutrality, which guarantees the equal treatment of all data that travels on the internet, the protection of users’ privacy, freedom of expression and the establishment of guidelines for the actions of internet and online service providers.
This legislation represented a milestone in the defense of internet users’ rights, consolidating fundamental principles for guaranteeing a free, open and democratic internet.
After the Marco Civil da Internet, Brazil continued to make progress in regulating the digital environment, recognizing the importance of protecting personal data in an increasingly connected world. This progress culminated in the enactment of the General Data Protection Regulation (GDPR), Law No. 13,709/2018, which came into force in September 2020.
The GDPR establishes clear rules on the collection, processing, storage and sharing of personal data by companies and organizations, with the aim of protecting citizens’ privacy and ensuring legal certainty in transactions carried out in the digital environment.
With the GDPR, Brazil is in line with data protection legislation in other countries, such as the European Union’s General Data Protection Regulation (GDPR), reinforcing its commitment to the privacy and security of user data.
Since the GDPR came into force, companies and organizations have faced significant challenges in adapting to the new rules and ensuring compliance with the obligations set out in the legislation. Adjusting internal processes, implementing robust privacy policies and raising employee awareness have been some of the measures adopted by companies to adapt to the GDPR.
In addition, the GDPR has had an impact on the Brazilian digital ecosystem, stimulating innovation and the development of technologies that guarantee the protection of users’ privacy. The creation of new cybersecurity tools and the strengthening of control and inspection mechanisms are important aspects of this process.
In the legal sphere, the GDPR has generated debates about the interpretation of its provisions and the actions of the supervisory bodies responsible for its application, such as the National Data Protection Authority (ANPD). The definition of clear guidelines and the transparent action of the regulatory bodies are fundamental to guaranteeing the effectiveness and legitimacy of the legislation.
In this way, it is clear that the Marco Civil da Internet and the GDPR represent important milestones in the evolution of digital legislation in Brazil, establishing fundamental principles for the protection of users’ rights and for the sustainable development of the information society. The promotion of a free, open and secure internet depends on strict compliance with these laws and the constant improvement of protection and control mechanisms. In an increasingly connected world, guaranteeing the privacy and security of user data is essential for strengthening trust and digital citizenship.
*** Translated by DEFCONPress FYI team ***