Monthly Archives: March 2014

Brazilian Internet Bill passed with broad data retention provisions

Brazilian’s lower house has finally approved the Internet Civil Rights Framework Bill (Marco Civil da Internet).

The major change from its last version was the dismissal of the rule about the localisation of datacenters in Brazil. Instead, the Bill includes a jurisdiction clause that will forcing  disputes regarding personal data collected in Brazil to be submitted to Brazilian Law.

The approved text maintains very broad rules regarding data retention, both to ISP’s as to “internet applications” (any for-profit site or internet service), which we mentioned before.

The Bill will now be sent to the Senate. More coverture here and here. The full text (in Portuguese) is also available.

Facebook’ “Sponsored Stories” challenged in Brazilian’s court

 A class action has been presented by the Brazilian Institute of Computer Law (IBDI) against Facebook’s Sponsored Stories product over a collective moral damage at the sum of R$ 76,000,000. The product is alleged to be unfair, abusive and in violation of consumer’s privacy

In their petition, IBDI’s Lawyers attest the violation of consumer’s privacy in virtue of consent and commercial practice. According to the petition, Facebook is in violation of Brazilian Civil Code, which protects an individual name and image as a “Right of personhood”:

Art.18 Without consent, one shall not use someone else’s name in advertising.

Art. 20 Except where consent was given or if necessary to the administration of justice or the maintenance of public order (…) the display or use of a person’s image may be prohibited by their requirement if the use or display achieve the honor, good reputation or respectability, or if intended for commercial purposes.

 

Brazilian Federal Constitution presents a general privacy rule which embraces intimacy, private life (vie privée), honor and image as expressions of an individual personality.

Despite Facebook’s waiver on Sponsored Stories in January of this year, IBDI’s class action represents one of the firsts internet related privacy prosecutions in Brazil.